Courts and agencies commonly appoint monitors and independent counsel to oversee companies' compliance with consent decrees and other significant government laws and activity. Crowell & Moring lawyers are frequently selected to serve as monitors.
Our monitorship practice results from our extensive prior service in top government positions, coupled with our substantial experience in guiding clients through high-profile internal investigations, enforcement matters, and government inquiries. We have vast experience helping clients build compliance into their business processes so that best practices become routine – not a special project or an additional burden. We establish compliance programs, draft codes of conduct and policies, and provide training – and have done so for over 200 corporate clients in the broadest array of industries. We also have experience in evaluating and monitoring the implementation of remedial measures and internal controls. We know how to serve as monitors because we have been there, and because we monitor as part of our daily service to clients.
With more than 100 lawyers who have held significant government positions at both federal and state levels, our team boasts a versatile blend of experience investigating compliance deficiencies, developing and implementing compliance programs, and effectively communicating with courts, prosecutors and governmental agencies. Our professionals include alumni from the White House, Department of Justice (DOJ), Environmental Protection Agency (EPA), Federal Energy Regulatory Commission (FERC), and Federal Trade Commission (FTC), Department of Health and Human Services (DHHS), Food and Drug Administration (FDA), Consumer Product Safety Commission (CPSC), Office of Management and Budget (OMB), and the Office of the United States Trade Representative (USTR). Our diverse team also features lifelong defense lawyers as well as former enforcers, the latter including former federal and state prosecutors and enforcement attorneys from the Office of Independent Counsel (OIC), United States Attorney's Offices (USAO), and the Securities and Exchange Commission (SEC). Several team members have served as independent counsel or federal trustees in government agencies prior to joining Crowell & Moring.
A firm partner was recently appointed by a New York federal court to serve as independent monitor of the New York City and Vicinity District Council of the United Brotherhood of Carpenters and its Benefit Funds. Team members also include a former federal trustee to the Exxon Valdez Oil Spill Trustee Council appointed by the Secretary of the U.S. Department of the Interior; a former deputy independent counsel in the investigation of a former presidential advisor; and a former senior associate independent counsel in the investigation of the former secretary of the U.S. Department of the Interior.
Drawing on this breadth of experience, Crowell & Moring is well-positioned to facilitate productive engagement with regulators and prosecutors in the increasingly common roles of monitor and independent counsel.
- Magyar Telekom plc – After two years of successful self-monitoring, including providing the U.S. Department of Justice and Securities and Exchange Commission with annual compliance review reports, the company’s FCPA deferred prosecution agreement was terminated and charges dismissed with prejudice.
- Ralph Lauren Corporation – Two years of successful self-monitoring, including providing the U.S. Department of Justice and Securities and Exchange Commission with annual compliance review reports, through the expiration of the company's FCPA non-prosecution agreement.
- New York City District Council of the United Brotherhood of Carpenters, and its Benefit Funds -- Independent monitor overseeing the anticorruption efforts and certain other operations.
- Major multinational oil and gas exploration and production company – Counsel to the independent corporate monitor as part of the company’s FCPA deferred prosecution agreement.
- U.S. government construction contractor performing classified contracts – Monitored corporate integrity and compliance efforts, and supervised revised ethics and compliance policies and procedures.