An Independent Corporate Monitor's Perspective on Pre-Trial Diversion/Government Settlement Agreeements

more+
less-

Pre-Trial diversion or settlement agreements have been increasingly used as a tool by government agencies as a means of resolving corporate liability for misconduct or fraud perpetrated by an organization's employees, sub-contractors, agents, representatives, etc. In a growing number of instances, the government is requiring and relying upon Independent Corporate (or "Compliance") Monitors to verify timely and effective compliance with the terms of such Agreements. The scope of a Monitor's duties and responsibilities is dictated by the terms of an Agreement which the Monitor had no part in creating or contributing to, yet is left to interpret and "enforce."

Presented within this paper is a template settlement agreement, as written from the perspective of an Independent Corporate Monitor. It incorporates not only best practices as it relates to corporate compliance and ethics programs, but best practices concerning the selection, scope, reporting, and other key and relevant issues related to Corporate Monitors.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Civil Remedies Updates, Criminal Law Updates, Government Contracting Updates, International Trade Updates, Securities Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© John Hanson, Artifice Forensic Financial Services, LLC | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

CONNECT

John Hanson
Artifice Forensic Financial Services, LLC

John is the founder and Executive Director of Artifice. He has over 24 years of fraud... View Profile »


Follow Artifice Forensic Financial Services, LLC:

Reporters on Deadline