Monitorships

How We Help

Our global team’s wealth of monitoring experience and international resources with extensive knowledge of regulatory compliance and investigations combine seamlessly, without the burden of auditor independence, member firm obstacles or conflicts of interest. The team’s proven approach and decades of monitoring experience and successful execution enable us to cost-effectively satisfy your compliance and monitoring needs. We maintain independence and fulfill your company’s legal and compliance remediation obligations under the monitoring agreement, all with the highest degree of professionalism. In matters where independence and objectivity are required, our team is scrupulous in evaluating and maintaining our autonomy while providing high-quality service and a flexible approach to our work. We understand the importance of being clear in our communications, direct but fair in our analyses, and appropriately focused and practical in our recommendations. Because of our nuanced approach to these assignments, we’re frequently sought out by more than one party in the same case, having earned a reputation for objectivity in bringing complex issues to resolution.

Companies, Organizations and Private Equity Firms

Compliance program management: When your organization needs to elevate its compliance and governance practices, we provide a cost-effective approach to evaluating, testing and enhancing compliance programs.

Monitorship services: When an investigation reveals employees have engaged in misconduct such as corruption, anti-competitive behavior, export controls and sanctions violations, or consumer protection laws, it may be necessary for a court or regulatory agency to appoint a monitor, examiner, receiver or assessor. In those instances, we act as or provide support to the monitor. In other cases, we may be engaged as part of the resolution of a matter, helping to ensure that corrective actions have been put in place to address past conduct.

Our professionals understand the time-critical nature of implementing a plan of action, communicating with multiple constituencies and managing the inherent complexity of such appointments. We partner with your organization’s senior executives and other relevant parties to undertake process reviews and walkthroughs, understand and critique relevant policies and procedures, interview key personnel and perform transaction testing. These steps enable us to determine if the necessary compliance disciplines and controls are in place, are being followed appropriately, and are having the intended impact.

Internal audit reviews: Clients often rely on our expertise to help ensure their internal auditing activities are working effectively — to prevent or detect compliance issues, to identify root causes of any issues that do occur, to design effective corrective action plans, and to ensure that such plans are operationalized and likely to be deemed effective when compared to authoritative guidance. Additionally, our clients rely on us to help with:

• Receiverships/conservatorships — We can help preserve financial and other assets of distressed organizations, in advance of bankruptcy or criminal prosecution (our firm can either be appointed as the receiver directly, or work directly with the law firm that’s appointed as the receiver)
• Independent reviews — We conduct annual independent reviews of companies in industries that require them, such as financial services and healthcare

Legal Practitioners

Law firms and general counsel trust FTI Consulting in cases where a monitor in needed, including cases involving antitrust, corruption, bribery, healthcare fraud and other issues. Our litigation, regulatory compliance, financial advisors and industry experts are either native to the country in which they work or have been based there for years, so they know the local laws, business practices and culture and how they apply to your case.

Government Regulators & Law Enforcement

For governments and regulatory agencies that need to appoint a monitor to extend the reach of law enforcement, we have the wealth of experience, necessary resources and reputation to serve as an independent monitor across all industries and professions. Major U.S. government agencies, including the Department of Justice (DOJ), the Federal Reserve (Fed), the Department of Health and Human Services, the Federal Trade Commission (FTC), state Departments of Financial Services, and the Office of the Comptroller of the Currency (OCC), frequently appoint us directly as monitor. As the independent monitor, we review a company’s activity following a criminal prosecution or civil regulatory settlement to ensure it is making the required changes to resolve its issues.