Resolving Foreign Corrupt Practices Act violations with the Department of Justice and the Securities and Exchange Commission used to mean just that: resolution. With a resolution came relative peace. Chastened by the investigation and enforcement action, a company could heal its wounds and proceed. Those days are long gone.
Now, when a company “resolves” a matter — with a plea agreement, SEC settlement, press statements, monetary sanctions and potential parallel civil litigation — there will almost certainly be years of compliance and possibly additional enforcement actions. More and more, these actions will be driven by the presence of a so-called independent monitor. In almost every recent corporate FCPA settlement, the government has required imposition of a monitor.
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