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Business Crimes BulletinFeaturesGovernmentLitigationWhite Collar Crime

Five Ways to Eliminate the Need for a Corporate Monitor

By Jonny Frank and Simon Platt

Government-imposed corporate monitors — once a rare occurrence in the U.S. — are now commonplace, not only with domestic regulators, but also with regulatory agencies in various other countries, in connection with enforcement proceedings and prosecutions for criminal offenses such as anti-corruption violations and other misconduct.

In 2016, the Department of Justice (DOJ) imposed monitors in nine of the 35 deferred or nonprosecution agreements. James R. Copeland, Rafael Mangual, “The Shadow Regulatory State at the Crossroads: Federal Deferred Prosecution Agreements Face an Uncertain Future,” Manhattan Institute for Policy Research (June 27, 2017). These recent cases indicate, however, that by taking appropriate steps, companies can avoid a government-appointed monitor.

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