Ellen Podgor at the indispensable White Collar Crime Prof Blog has a post about the federal compliance monitors program here. It links to an article in the Washington Post here, and sets out the text of proposed federal legislation to regulate the monitors and their appointments. (Our earlier posts on the subject are here.) In […]
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Ah, Spring. And the corporate compliance monitors are back in the news. Here’s what’s happening: It’s an annual event. Democrats in Congress have re-introduced a bill from last year to regulate the way monitors are selected, paid and held accountable. The Project on Government Oversight has a nice report here. The retitled “Accountability in Deferred […]
The problems started for the Justice Department’s corporate monitoring program late last year. Five leading orthopedic device makers had been charged with bribing doctors in the U.S. to get their business. (Now they’re being investigated for bribing doctors overseas in violation of the Foreign Corrupt Practices Act.) In September, New Jersey’s U.S. Attorney Chris Christie […]
Hearings by the U.S. House of Representatives’ Subcommittee on Commercial and Administrative Law on “Deferred Prosecution: Should Corporate Settlement Agreements Be Without Guidelines?” are now underway. In advance of the hearings, the DOJ last week issued new internal guidelines on the selection and handling of monitors. Ellen Podgor at the White Collar Crime Prof Blog […]
Brian Benczkowski, Assistant Attorney General for the Criminal DivisionThe head of the Justice Department’s criminal division issued new guidance to prosecutors that’s likely to reduce the number of corporate settlements that require the hiring of compliance monitors.
The former governor of Rio State, Sergio Cabral, was arrested in November on corruption charges. He was accused of taking bribes from construction companies. One of the contracts under investigation involved the renovation of the Maracana stadium ahead of the 2014 FIFA World Cup and 2016 Olympic Games.
The use of corporate monitors by judicial and regulatory government agencies to verify an organization’s compliance with settlement agreements and orders resolving corporate accountability continues to rise. The growing use of monitors has raised questions about the privacy of their reports and the public’s access to their findings.
The Evaluation of Corporate Compliance Programs, first published five years ago, is now one of the most important compliance tools, not only for the DOJ prosecutors it’s addressed to, but also for compliance professionals outside government. One reason the 20-page Evaluation is so influential is its unique format. There’s a series of “fundamental questions” anyone […]
McKesson Corporation agreed to pay $18 million to resolve allegations that it improperly set temperature monitors used in shipping vaccines under its contract with the Centers for Disease Control and Prevention (CDC), the DOJ said Friday.
As reported on the FCPA Blog on June 7, in the Commerce Department’s announcement of its settlement with ZTE Corporation, it referred to a requirement for ZTE to “retain a team of special compliance coordinators selected by and answerable to” the Commerce Department for ten years.