The Past, Present, & Future of Monitoring with Rod Rosenstein

Affiliated Monitors Managing Director Don Stern hosts an engaging conversation with the Former Deputy Attorney General, King & Spalding’s Rod Rosenstein, and Affiliated Monitors Managing Director Eric Feldman as they conclude a two-part podcast on “The Past, Present, & Future of Compliance and Independent Monitoring.”
In part two, the trio shifts their focus to independent monitoring. People have some misconceptions about monitoring. Most companies don’t particularly welcome having a monitor. They view it as intrusive. They view it as — in some cases — unnecessary.
Historically, prosecutors (including the Department of Justice) are not necessarily focused on what happens after there’s a conviction. You get the result; you move on to the next investigation. What happens to the company? Does it really get the message, and has it made changes? Have prosecutors become more focused on what happens after the conviction, and if so, why?
The first question is: how do you determine whether there’s a need for a monitor? And that really focuses on the issue that has been identified, which is that the purpose shouldn’t be punitive. The monitor is not intended to be a form of punishment. It’s supposed to be prospective.
Then second question is: what is the scope of responsibilities of the monitor? A company may have made a mistake in one area. Do we give them monitor authority over that area alone, or do we broaden the authority of the monitor?