Corporate misconduct sanctionable under US law (e.g. violations of international compliance regulations such as the Foreign Corrupt Practices Act, FCPA) often lead to a settlement with the US Department of Justice (DoJ) as part of a non-prosecution agreement (NDA) or deferred prosecution agreement (DPA) in addition to fines. These settlements usually include binding packages of measures to eliminate the causes of the specific misconduct, to improve governance systems and to appoint an independent compliance monitor. The monitor is an independent third party with the central task of assessing and monitoring compliance with the agreement and reporting to the relevant bodies and the DoJ.

"Probation officer" for the company

The agreement is specifically designed to reduce the risk of the company committing misconduct again and is not part of the punishment. The monitor thus also becomes the company's "probation officer". The necessary transformation of the companies concerned towards better governance systems and reporting obligations as part of such a procedure pose enormous personnel, organisational and financial challenges. In particular, the processing of the requirements and the regular reporting are carried out under enormous time pressure.

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Our range of services

As an experienced strategic partner, KPMG supports you in professionally meeting the diverse challenges of a compliance monitorship and successfully completing the monitorship. Based on our experience from various international projects, we support your compliance monitorship in the four key areas:

Project and programme management (PMO)

Our extensive experience in managing large projects enables us to quickly adapt to the requirements and organisational and operational structure of your company and provide support in general project management, communication with the monitor team and the planning and coordination of interfaces and the activities of all relevant stakeholders. In this context, we help you to quickly establish a work organisation and efficient work processes tailored to your specific situation.
Reporting

We support you companies in processing the Monitor's various requests and in providing relevant documents as well as in analysing information at an early stage in order to anticipate possible challenges and associated solutions. We also support companies in designing standardised response processes (operating model), in preparing appropriate responses to the Monitor's enquiries and requirements and in fulfilling the obligations derived from the Monitor's reports. In particular, we use innovative tools and digital solutions to support and document efficient work processes (e.g. ticketing or workflow management systems).
Professional expertise

Our interdisciplinary compliance and corporate governance experts support your specialist departments and business units in the analysis, design and implementation of systems, structures and processes (such as risk assessment processes, development of training concepts, implementation of a solid 3 lines of defence model, establishment of reporting lines, etc.) in order to meet the Monitor's requirements and further develop the compliance programme in a sustainable manner.
Testing

There are a number of important challenges on the way through a successful US monitorship. Our extensive audit experience and our knowledge of forensic investigations and testing processes in various compliance programmes enable us to tackle the functional and organisational tasks surrounding testing and the preceding preparation in a targeted and solution-oriented manner.

You are also welcome to contact us in advance of a monitorship - we will help you to anticipate your risks and prioritise your tasks correctly in the start-up phase.

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Compliance Assurance

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Compliance Strategy & Transformation

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