Inside the Mind of Corporate Monitor John Hanson: Monitorship Insights and a Sneak Peek at the ABA’s Corporate Monitor Standards (Part Two of Two)

One of the most consequential elements of an FCPA settlement can be the mandatory engagement of a monitor.  Although monitors in FCPA cases are less common than they were several years ago, many companies are still required to use a monitor in some capacity.  The American Bar Association is in the process of adopting Standards for corporate monitors to assist companies, government agencies and monitors themselves in making the monitorship process more effective and efficient.  Those Standards have been reviewed by the ABA’s Criminal Justice Section and will likely be released sometime in the next year.  The Anti-Corruption Report discussed the forthcoming Standards – and got behind the scenes of various monitorships – with Monitor Standards Committee member and experienced monitor John Hanson.  In this, the second in a two-part interview, Hanson outlines several portions of the Standards that will be particularly useful to companies, monitors and the government; explains cost-control measures included in the Standards; and offers his insight on monitor reporting requirements.  In the first article in the series, he discussed the development of the Standards and explained the most-debated points in the Standards and the thorny issues he has faced as a monitor.  See also “How to Find a Business-Minded Compliance Monitor and Minimize Reporting Requirements When Negotiating an FCPA Settlement (Part One of Three)” (Feb. 20, 2013); Part Two of Three (Mar. 6, 2013); Part Three of Three (Mar. 20, 2013).

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