In our concluding episode in this five-part series, Vin DiCianni and myself discuss proactive monitoring, which demonstrates the benefits of using a third party to fulfill the compliance mandates that have been laid out by the DOJ. Proactive monitoring is directly in the wheelhouse for every compliance program’s three key prongs: prevent, detect and remediate. The Benczkowski Memo and other DOJ pronouncements not only further articulates the road map of what the DOJ expects but also how a company can move through the enforcement process to receive a full declination under the FCPA Corporate Enforcement Program.
For more information on Affiliated Monitors, visit their website at www.affiliatedmonitors.com.
Tag: Benczkowski Memo
Over this series we have explored what companies can do both internally and externally to incorporate the Benczkowski Memo (the “Memo”) and other DOJ guidance into their organizations. In Episode 4, Eric Feldman and I discuss how the DOJ Guidance from 2018 on FCPA compliance can be used as both a sword and a shield. The first thing to recognize is that while laying out the criteria for monitor selection by the DOJ, the Benczkowski Memo also lays out a roadmap of how to avoid a monitor. The Benczkowski Memo lays out several conditions to indicate a situation where a monitor is warranted. The first includes whether the underlying misconduct involved something as systemic as manipulation of corporate books and records or exploitation. If it does this may well be indicia that a company had an inadequate compliance program. This would further indicate that the corporate compliance program is not designed and implemented effectively. The second factor considers whether the misconduct was pervasive across the organization or approved or facilitated by senior level management.
For more information on Affiliated Monitors, visit their website at www.affiliatedmonitors.com.
This podcast series explores what companies can do both internally and externally to incorporate the Benczkowski Memo (the “Memo”) and other DOJ guidance into their organizations, show how to use a strong compliance program as both a sword and a shield and the benefits of using a third-party to fulfill the compliance mandate. In this episode , I consider with Vin DiCianni how companies can use this information internally to bolster their compliance programs. DiCianni began by emphasizing the DOJ now mandates companies who come before them have an effective compliance program. The days of wheeling in a large stack of documents are long gone and companies need to have substantive evidence on not simply their program but its effectiveness.
For more information on Affiliated Monitors, visit their website at www.affiliatedmonitors.com.
In this podcast series, I visit with Vincent DiCianni, founder and President of AMI, and Eric Feldman, Senior Vice President of AMI. We look at the Department of Justice announcements over the past few years and back to the FCPA Corporate Enforcement Policy, to consider what strategies companies can use based upon these documents. Over this series, we will explore what companies can do both internally and externally to incorporate the Benczkowski Memo and other DOJ guidance into their organizations, show how to use the Memo as both a sword and a shield and the benefits of using a third-party to fulfill the compliance mandate. In this episode, we introduce the Benczkowski Memo and DOJ announcements detailing what they mean for the compliance practitioner.
For more information on Affiliated Monitors, visit their website at www.affiliatedmonitors.com.
