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

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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.

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