Demystifying the role of the monitor

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Globally, there has been an increase in corporate criminal proceedings, with compliance monitorships used as a tool by governments and other organizations to ensure adherence to legal and regulatory requirements. A corporate criminal resolution may involve multiple regulators and include penalties, fines, disgorgement of proceeds, criminal guilty pleas, the appointment of a monitor, the requirement of a compliance officer or executive to certify the compliance environment, and self-reporting obligations. Various factors influence the decision to impose a monitor and aim to provide an independent and objective assessment of the company’s compliance efforts post-resolution. This article demystifies the role of the monitor by examining their appointment, responsibilities, and approach while offering tips on how to work with a monitor and leverage their expertise successfully.

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