In many cases, corporate misconduct that violates US law – such as violations of international compliance regulations (e.g. the Foreign Corrupt Practices Act, FCPA – not only leads to fines but also to settlement proceedings with the US Department of Justice (DoJ) under a so-called Non-Prosecution Agreement (NPA) or Deferred Prosecution Agreement (DPA). These agreements usually include mandatory measures to remedy the causes of the misconduct in question, improve governance systems and appoint an independent compliance monitor.
The compliance monitor, an independent third party, has the central task of assessing and monitoring compliance with the agreement and reporting to the relevant bodies and the DoJ. The aim of these agreements is to reduce the risk of further misconduct and thereby not to serve as a punishment. The monitor thus acts as the “probation officer” of the business in question. The necessary change towards better governance systems and the reporting obligations associated with the monitorship always pose considerable personnel, organisational and financial challenges, which must often be overcome within a short amount of time.
With our expertise, we will help you address the challenges associated with monitorship in an outcome and solution-oriented manner and prioritise your tasks correctly from the outset in order to achieve the necessary transformation towards better governance systems.
Your advantages at a glance
- Legal certainty: We support you in meeting the requirements of such a process in an outcome-oriented manner and minimising legal risks.
- Efficient project management: Our experience in project management enables us to respond quickly and effectively to your specific needs in all phases of the monitorship.
- Professional expertise: Our interdisciplinary experts help you implement processes and systems that meet the requirements of the monitor.
- Goal-oriented testing: Our knowledge of forensic investigations enables us to approach testing tasks in a goal and solution-oriented manner.
