DOJ, Private Practitioners and Past Monitors Discuss Best Practices and Trends in Corporate Monitorships

Far from its reputation as a punitive option, a corporate monitorship might be one of the best things to happen to a company ordered to make corrective investments to resolve criminal charges, according to monitoring experts who spoke at a recent panel discussion hosted by the Women’s White Collar Defense Association. “You are not going to hide those problems,” said Pam Davis, a partner at Winston & Strawn and a three-time FCPA government monitor. “So why not just run it at the beginning of the three years and have them help you work on it to get to the company to a point where the compliance program is right and you will end up being perceived as a company that wants to improve?” she asked. Davis was joined by Lisa Miller, Deputy Assistant Attorney General for Fraud and Appellate Sections, Criminal Division at the DOJ, Crystal Jezierski, former senior vice president of global ethics at Walmart and now senior managing director at Guidepost Solutions, Michele Edwards, a partner at StoneTurn, and Kristin Koehler, a partner at Sidley. The panel discussed the newest DOJ guidance on monitors and best practices for working with a monitor. See "Making the Most of a Monitorship" (Feb. 5, 2020).

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