Compliance Monitorships – Expertise from experience
Compliance monitoring requires experience, expertise and the ability to gain the trust of both the company concerned and the regulatory authorities. As independent compliance monitor, counsel to such a monitor or side by side with an affected company, we became familiar with all aspects of compliance monitorships.
Compliance requirements imposed on companies by law enforcement and regulatory agencies worldwide are constantly increasing. As a result, the role of the independent compliance monitor is becoming increasingly important. In the case of compliance violations, more and more companies are obliged to accept an independent compliance monitor in addition to any fines.
A compliance monitor’s main task is to monitor and drive the company’s efforts to eliminate misconduct and, in particular, to establish an effective ethics and compliance program. The aim is to prevent future infringements with the aid of an effective compliance management system.
Pohlmann & Company has already worked several times as compliance monitor and counsel to a monitor and has many years of international experience in the field of preventive compliance. With this particular expertise, we form an ideal partner to act as an independent link between the authorities, such as the Department of Justice (DoJ), the U.S. Securities and Exchange Commission (SEC) or the World Bank, and the company concerned.
With experienced lawyers and consultants, we are also a reliable partner for companies that aim to prepare for a monitorship – from selecting a suitable monitor, establishing the necessary communication and process management to proactively improving the compliance management system.
Under certain circumstances it may also be of interest for companies to initiate a “voluntary monitoring” in order to check the maturity and effectiveness of their compliance program and internal control systems. We know the relevant international requirements and best practice standards. This is why clients rely on us when it comes to optimizing their processes or testing the degree of their compliance remediation independently.
- Activity as independent Compliance Monitor, e.g. for the U.S. Department of Justice, the U.S. Securities and Exchange Commission or the World Bank
- Support of compliance monitors as consultants or as expert/team member in the sense of a “Counsel/Support to the Monitor”
- Strategic advisory and practical support in preparation for and during compliance monitoring, including the establishment/improvement of compliance programs and internal control systems (“Counsel to the Company”)
- “Voluntary compliance monitoring” for the purpose of independent certification of an effective compliance program and/or internal control system in accordance with relevant minimum requirements and international best practice standards