U.S. and foreign regulators are increasingly expanding the use of appointed independent monitors to assess, oversee, and monitor financial institution and corporate compliance with relevant laws and regulatory actions such as a written agreement, a Deferred Prosecution Agreement (DPA), a Non-Prosecution Agreement (NPA), or a cease and desist order. K2 Intelligence and Financial Integrity Network (FIN) have a broad range of experience serving as an independent monitor for banks and other financial institutions, as monitors or compliance officers for investors, strategic acquirers, and sellers pursuant to CFIUS mitigation agreements and orders, and as integrity or oversight monitor for corporate entities in construction, real estate, manufacturing, gaming, and the casino industries. Our monitors, brought in as part of a government settlement agreement, as a proactive measure, or as a condition for not pursuing criminal or civil charges, have the expertise to tackle a broad range of financial crimes and national security and trade compliance issues, including compliance with Anti-Money Laundering (AML), Bank Secrecy Act (BSA), and Office of Foreign Assets Control (OFAC) compliance; anti-bribery and anti-corruption (ABC) enforcement matters involving Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, and compliance with foreign investment review regimes such as CFIUS and export controls and other trade-related national security matters.
We help the client comply with settlement terms and, on an ongoing basis, assess compliance programs and internal controls to address, help remediate, and avoid future problems. Composed of multidisciplinary experts, our teams are made up of former regulators, law enforcement and intelligence professionals, senior government policy makers, Department of Justice officials and attorneys, prosecutors and attorneys in private practice, compliance officers, technology experts, forensic accountants, and cybersecurity experts. Our teams collectively have skill sets the regulator may not possess and help to achieve regulatory objectives in a manner that advances and is tailored to the clients’ business goals.