Corporate Monitorships Ethical Oversight
Our White Collar Crime & Internal Investigations team advises clients regarding monitorships stemming from investigations and enforcement actions by the U.S. Department of Justice, U.S. Securities and Exchange Commission (including FCPA matters), and the U.S. Environmental Protection Agency, among others. Our team also provides services in a wide variety of situations by leveraging our monitorship, white collar defense and compliance experience, including:
- Consulting for companies, that are being monitored, to aid in establishing and managing the infrastructure and processes needed to be successful during and after the conclusion of the monitorship period;
- Engaging as legal counsel to the corporate monitor to advise on and manage international and domestic legal issues, including legal privileges, data privacy and issues related to responding to third party inquiries and disclosure requests as well as additional government inquiries; and
- Auditing companies to ensure compliance with any administrative consent decrees or agreements.
Our monitorship and auditing experience includes fact finding and assessing compliance, risk management, and internal audit functions; whistleblower systems and third party due diligence; as well as anti-corruption, export controls, anti-money laundering, and antitrust compliance. Our team has assessed and measured corporate culture and integrity initiatives and reviewed root causes analysis processes.
For example, the White Collar Crime & Internal Investigations team had a significant role on the Volkswagen AG monitorship, one of largest corporate compliance monitorships in history. Larry D. Thompson, Independent Corporate Compliance Monitor and Auditor for Volkswagen AG, selected Scott Marrah to be the Deputy Monitor for Anti-Fraud, Ethics and Compliance. Mr. Marrah, a former Assistant U.S. Attorney for the Southern District of New York, is the Co-Leader of the GEI team. Over a three-year term, our team oversaw VW’s compliance with a Plea Agreement and Consent Decree following parallel criminal and civil investigations concerning emissions fraud with regard to the company’s diesel-powered cars sold in the United States.
Insights View All
Primary Contacts View All
While we are pleased to have you contact us by telephone, surface mail, electronic mail, or by facsimile transmission, contacting Kilpatrick Townsend & Stockton LLP or any of its attorneys does not create an attorney-client relationship. The formation of an attorney-client relationship requires consideration of multiple factors, including possible conflicts of interest. An attorney-client relationship is formed only when both you and the Firm have agreed to proceed with a defined engagement.
DO NOT CONVEY TO US ANY INFORMATION YOU REGARD AS CONFIDENTIAL UNTIL A FORMAL CLIENT-ATTORNEY RELATIONSHIP HAS BEEN ESTABLISHED.
If you do convey information, you recognize that we may review and disclose the information, and you agree that even if you regard the information as highly confidential and even if it is transmitted in a good faith effort to retain us, such a review does not preclude us from representing another client directly adverse to you, even in a matter where that information could be used against you.