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John Davis Discusses the Impact of the Monaco Memo on Compliance Monitors in Anti-Corruption Report

"The Monaco Memo: A Shift in the Monitorship Cost/Benefit Analysis"

Anti-Corruption Report

John Davis discussed the significance of the directives regarding monitors and how they might play out in settlements due to the changes made by the Monaco Memo. In comparison to the Benczkowski Memo, the Monaco Memo has no new requirements or obligations, just a different perspective on how to find the balance between costs and benefits. Experts expect there will be an increase in the number of settlements requiring compliance monitors in the coming months and years. "Combined with the fact that there were demonstrably fewer corporate monitorships under the previous administration than had been the case before 2016, and that some cases in the last few years discussed substantial compliance program and corporate culture problems at the relevant companies, I believe that the Monaco Memorandum has shifted to some degree the balance of factors set out in the Benczkowski Memorandum's guidance in a way that makes more monitors likely in the future," Davis said.