For over 15 years, Affiliated Monitors, Inc. (AMI) has provided professional independent integrity monitoring and ethics and compliance assessments nationally and internationally and across almost all industries.  With its knowledge of effective ethics and compliance programs and cultures, Affiliated Monitors is respected for its work as the corporate monitor on matters ranging from multi-national corporations to small and mid-size companies, and even individuals. This podcast series will explore the role of corporate monitorships in compliance and some of the key issues which companies and compliance professionals may face in dealing with monitors. Over the next five podcasts, we will consider what companies can do both internally and externally to incorporate the Benczkowski Memo and other DOJ guidance into their organizations.

This week’s episodes include:


I this episode, I am joined by Eric Feldman and we begin with an overview of the Benczkowski Memo and Feldman observed that its scope is far beyond simply monitor selection. There are two broad considerations the Memo identifies. The first is the potential benefits that employing a monitor will bring for the corporation and the public. This considers the benefits of a monitor. The second consideration is the cost of the monitor and the impact of the monitor on the operations of a corporation. The Memo then lays out a strategy to avoid a monitorship altogether.

Internal Resources

This podcast series explores what companies can do both internally and externally to incorporate the Benczkowski 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.

Using External Resources

Vin DiCianni and I have previously considered how companies can use DOJ announcements over the few past year and back to the FCPA Corporate Enforcement Policy, announced in November 2017, to consider what strategies companies can use based upon these documents to internally to bolster their compliance programs and today we consider this same issue from the external perspective. There are several areas from the DOJ guidance which make the use of external resources more impactful for a corporate compliance program.

Using the Benczkowski Memo as Both a Sword and Shield

In this episode, I am joined by Eric Feldman, as we consider what issues a company should consider when hiring or retaining a corporate monitor.  It is important to note right off the bat, that the selection of an appropriate monitor can either make or break the entire monitorship program for an organization. Feldman advises that the forestall such a problem a company needs to have a clear understanding of what it is trying to get out a monitorship.

Proactive Monitoring

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.


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