I recently put out a paper providing suggestions on how government agencies and defense counsel might improve corporate settlement agreements (e.g. deferred prosecution agreements, non-prosecution agreements, consent agreements, administrative agreements, etc.). I believe that the vast majority of current agreements are not effectively addressing corporate compliance and ethics programs and thereby failing to achieve the spirit of what the parties to the agreements, particularly the government, hope – the prevention and timely detection of future misconduct.
For those interested in reading the paper, please click here.
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The Fraud Guy
John has over 27 years of fraud investigations, forensic accounting, corporate compliance & ethics, and audit experience. He has applied his extensive experience in these areas across a wide array of areas and industries, frequently assisting counsel, government agencies and companies with internal corporate investigations and other matters arising from alleged fraud or misconduct.
John is a thought leader and expert on Corporate Monitors/Compliance Monitors, a practice area involving the imposition of an independent third party by a gov't agency or department upon a corporation to verify that corporation’s compliance with the terms of a settlement agreement. John has previously served in a leadership role in a federal Monitorship and was involved in six other federal monitorships: three as the named Monitor, one as the "Independent Business Ethics Program Evaluator" and twice in support of the named Monitor. In these roles, John has reported to the Department of Justice, the Department of Interior, the Department of Transportation, the Small Business Administration, the Federal Highway Administration and the Massachusetts Department of Transportation.
His practical experience as a Corporate Monitor and extensive knowledge in this area was applied to the development of formalized Standards for Corporate Monitors through John's Membership on the Task Force on Corporate Monitor Standards of the American Bar Association. John is also the Founder of the International Association of Independent Corporate Monitors, a not-for-profit Membership association dedicated to the practice of corporate monitoring. John is a frequently sought speaker on the topic and has provided practical advice, ideas and strategies to lawyers, government officials, and corporate executives involved in such matters, as well as newly appointed Corporate Monitors.
Prior to Artifice, John spent over 5 years as a leader in the fraud investigations and forensic accounting practice of a large publicly traded international financial consulting firm. Before that, he served for 10 years as an FBI Agent, specializing in complex fraud investigations.
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The Fraud Guy 