In the relatively short but significant history of deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs), imposition of an independent monitor has typically been an all-or-nothing proposition. A monitor was either required for the entire term of the agreement (usually three years), or a monitor was not required at all. Recent enforcement actions, however, signal an increased willingness to compromise on the all-or-nothing approach. In two recent FCPA-related settlements in the medical devices industry in February and March 2013, and in the manufacturing industry in October 2013, DOJ adopted a “hybrid” approach to monitoring….
via DPAs, NPAs and the Hybrid Corporate Monitor — Bribery Library Blog
