Where is the Hue and Cry for Monitors?
But, in the aftermath of a criminal investigation, as the corporation is mending its ways and demonstrating that the company is putting its house in order, the corporate monitor does not appear to be a tool that cries out for increased implementation. Yet, the proposed commentary specifically calls for them: 6. Application of Subsection (b)(7). – The seventh minimal requirement for an effective compliance and ethics program provides guidelines on the reasonable steps that an organization should take after detection of criminal conduct. First, the organization should respond appropriately to the criminal conduct. . . . The organization may take the additional step of retaining an independent monitor to ensure adequate assessment and implementation of the modifications. Although the language is permissive, the understandable desire of corporations to obtain the greatest leniency will result in this requirement becoming de facto mandatory. So, pursuant to the Guidelines, a reasonable and
