In civil cases, a company may similarly be required

In civil cases, a company may similarly be required to retain an independent compliance consultant or moni- tor to provide an independent, third-party review of the company’s internal controls. The consultant recommends improvements, to the extent necessary, which the company must adopt. When both DOJ and SEC require a com- pany to retain a monitor, the two agencies have been able to coordinate their requirements so that the company can retain one monitor to fulfill both sets of requirements. The most successful monitoring relationships are those in which the company embraces the monitor or con- sultant. If the company takes the recommendations and suggestions seriously and uses the monitoring period as a time to find and fix any outstanding compliance issues, the company can emerge from the monitorship with a stronger, long-lasting compliance program. FCPA Penalties, Sanctions, and Remedies HOUSE_OVERSIGHT_022574