No Result
View All Result
SUBSCRIBE | NO FEES, NO PAYWALLS
MANAGE MY SUBSCRIPTION
NEWSLETTER
Corporate Compliance Insights
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe
No Result
View All Result
Corporate Compliance Insights
Home Featured

What is a Post-Resolution Monitorship?

Everything You Always Wanted to Know About Monitors But Were Afraid to Ask, Part 2

by Jay Rosen
May 6, 2019
in Featured
black security camera attached to wood beam

In part 2 of his series on monitorships, Jay Rosen discusses what it means to work with a monitor in the wake of a settlement with a regulatory agency, as well as the scenarios in which a post-resolution monitorship might be employed.

A post-resolution monitorship is essentially a situation where a government agency and a private organization – whether a corporation or a nonprofit organization – agree in the course of settling a dispute or a matter between the two entities that the regulator will use a monitor to ensure any specific conditions of the settlement agreement are met. In most cases, an independent third party is engaged for this purpose.

FCPA Context

Post-resolution monitorships are well-known to the compliance community through Foreign Corrupt Practices Act (FCPA) enforcement actions.

Surprisingly, many compliance practitioners are not aware that post-resolution monitorships are used in a much wider practice area than FCPA. 

Other kinds of enforcement scenarios could involve state Attorneys General that perhaps are investigating and settling cases with companies involving consumer protection or even civil rights cases. State regulatory boards, medical boards and other types of licensing institutions and various states could sign agreements that require a monitor to ensure conditions of those agreements are satisfied. Of course, there are situations where there is court-ordered enforcement as a result of a settlement and a monitor is required to report to the court on both parties’ compliance with that agreement.

Compliance with Consent Decrees

Monitorships have been employed in anti-trust scenarios to ensure compliance not with consent decrees, but with Federal Trade Commission or Federal Communications Commission-approved merger conditions.

An example would be the merger conditions between DirecTV and AT&T. In that case, the monitor was charged with reviewing and assessing compliance with certain merger conditions. There was no enforcement action and no wrongdoing, but a mutual recognition by all parties involved of the need for a truly independent third party to assess compliance with acquisition conditions.

An example would be the merger conditions between DirecTV and AT&T. In that case, the monitor was charged with reviewing and assessing compliance with certain merger conditions. There was no enforcement action and no wrongdoing, but a mutual recognition by all parties involved of the need for a truly independent third party to assess compliance with acquisition conditions.

One thing about the post-resolution monitorship is that, if viewed as a tool for compliance, a wider variety of uses can be envisioned. In the FCPA world, we have seen shareholder actions brought against boards of directors and companies for failing in their duties to put compliance programs in place. Occasionally, these actions are resolved before the conclusion of a FCPA investigation or enforcement action.

When does post-resolution monitorship have the impact of a pre-settlement monitorship?

If you had a post-settlement monitorship for the shareholder action, both the findings of the monitor and the monitor’s report could potentially help the recalcitrant company under the FCPA Corporate Enforcement Policy. In such a scenario, a post-resolution monitorship could have the impact of a pre-settlement monitorship.

Often, a monitor could come in and collect information on what one or both parties are doing to help facilitate a settlement. Matters such as consumer protection issues. Affiliated Monitors, Inc. (“AMI”) has performed monitorships where state agencies have investigated consumer protection, with AMI coming in as a “secret shopper” to determine whether an organization is, in fact, doing what it is supposed to be doing.

Only Scratched the Surface

So far, we have only scratched the surface of the myriad applications and uses of an independent, credible third party to facilitate the resolution of disputes. There are also numerous ways where a third party is engaged to help a client resolve issues with a regulator. 

As we have seen at AMI over the past 15 years, the number of ways is almost infinite or, at the very least, limited to your imagination.

The bottom line is that there is certainly no finite number of categories for the post-resolution monitorship. They can be utilized in a wide variety of ways to help facilitate not only resolution of enforcement actions, but also compliance with a wider variety of cares, concerns and issues.

In case you missed the earlier installment in this ongoing series, please see the link below.

Part 1: Corporate Monitorship 101: Who Are They, and What Can You Expect?


Tags: AntitrustFCPA Enforcement ActionsMonitoring
Previous Post

The Current Risk of Transcription Tech and How AI Can Better Meet Audit Needs

Next Post

How Boards Can Create Inclusive Cultures for Organizations

Jay Rosen

Jay Rosen

Jay Rosen is Vice President, Business Development and Monitoring Specialist at Affiliated Monitors, Inc., the first company in the U.S. to focus on providing independent integrity monitoring and assessment services across a wide range of regulated industries and professions. Jay previously headed up Merrill Brink’s FCPA Investigations and Ethics and Compliance translation group. He has over eight years of experience assisting clients on cross-border investigations, as well as helping them localize their code of conduct and other mission-critical English documents for their global colleagues. For almost three years, Jay has co-hosted the #1 weekly FCPA podcast, “This Week in FCPA,” with Tom Fox. Tom and Jay recently launched a second podcast, “Popcorn and Compliance,” and Jay is also a commentator on the biweekly podcast, “Everything Compliance,” with Jonathan Armstrong, Tom Fox, Sarah Hadden, Matt Kelly and Mike Volkov.

Related Posts

safe harbor

What Is Safe in a World Without Antitrust Safe Harbors?

by Fiona Schaeffer and Adam Di Vincenzo
March 22, 2023

A trio of policy statements dating back to 1993 established the concept of safety zones with regard to information exchanges...

antitrust corporate compliance

Think Your Compliance Program Doesn’t Need to Address Antitrust Concerns? Think Again.

by McDermott Will & Emery
February 8, 2023

American antitrust authorities are using novel (and controversial) legal theories to further the Biden Administration’s aggressive antitrust posture. As Michael...

Paul Weiss Antitrust 2023_f

Paul | Weiss State of U.S. Antitrust Enforcement

by Corporate Compliance Insights
January 23, 2023

2022 was an active year for antitrust enforcement; what will 2023 hold? Where Do We Stand in 2023? The State...

hottest takes

The Hottest Compliance Takes of 2022

by Staff and Wire Reports
December 14, 2022

Nobody was canceled for anything they wrote for our pages in 2022 — at least that we know of. But...

Next Post

How Boards Can Create Inclusive Cultures for Organizations

Compliance Job Interview Q&A

Jump to a Topic

AML Anti-Bribery Anti-Corruption Artificial Intelligence (AI) Automation Banking Board of Directors Board Risk Oversight Business Continuity Planning California Consumer Privacy Act (CCPA) Code of Conduct Communications Management Corporate Culture COVID-19 Cryptocurrency Culture of Ethics Cybercrime Cyber Risk Data Analytics Data Breach Data Governance DOJ Download Due Diligence Enterprise Risk Management (ERM) ESG FCPA Enforcement Actions Financial Crime Financial Crimes Enforcement Network (FinCEN) GDPR HIPAA Know Your Customer (KYC) Machine Learning Monitoring RegTech Reputation Risk Risk Assessment SEC Social Media Risk Supply Chain Technology Third Party Risk Management Tone at the Top Training Whistleblowing
No Result
View All Result

Privacy Policy

Founded in 2010, CCI is the web’s premier global independent news source for compliance, ethics, risk and information security. 

Got a news tip? Get in touch. Want a weekly round-up in your inbox? Sign up for free. No subscription fees, no paywalls. 

Follow Us

Browse Topics:

  • CCI Press
  • Compliance
  • Compliance Podcasts
  • Cybersecurity
  • Data Privacy
  • eBooks Published by CCI
  • Ethics
  • FCPA
  • Featured
  • Financial Services
  • Fraud
  • Governance
  • GRC Vendor News
  • HR Compliance
  • Internal Audit
  • Leadership and Career
  • On Demand Webinars
  • Opinion
  • Resource Library
  • Risk
  • Uncategorized
  • Videos
  • Webinars
  • Well-Being
  • Whitepapers

© 2022 Corporate Compliance Insights

No Result
View All Result
  • Home
  • About
    • About CCI
    • Writing for CCI
    • NEW: CCI Press – Book Publishing
    • Advertise With Us
  • Explore Topics
    • See All Articles
    • Compliance
    • Ethics
    • Risk
    • FCPA
    • Governance
    • Fraud
    • Internal Audit
    • HR Compliance
    • Cybersecurity
    • Data Privacy
    • Financial Services
    • Well-Being at Work
    • Leadership and Career
    • Opinion
  • Vendor News
  • Career Connection
  • Events
    • Calendar
    • Submit an Event
  • Library
    • Whitepapers & Reports
    • eBooks
    • CCI Press & Compliance Bookshelf
  • Podcasts
  • Videos
  • Subscribe

© 2022 Corporate Compliance Insights

Welcome to CCI. This site uses cookies. Please click OK to accept. Privacy Policy
Cookie settingsACCEPT
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT