As regulators increasingly rely on monitorships as an enforcement tool, monitored entities must prepare for the integration of a court or regulator appointed compliance monitor or other prosecutorial oversight.

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Exiger is the industry expert on monitorships. Our experience with the world's largest and most complex monitorships has taught us that one size does not fit all. Geography, operating model - and more - all create unique environments in which monitors work. Exiger understands the complexities and nuances of the relationship between the monitor and the entity, helping clients successfully manage the entire monitorship process from end-to-end.

Exiger offers clients effective procedures to navigate the monitorship process from inception to audit. This may include everything from providing counsel on regulatory strategy to establishing a Monitor Operations Center (MOC). By creating an efficient MOC built on proven strategies and methodologies, monitored entities limit business disruption and see the benefits of working effectively with a monitor almost immediately.

Monitor Operations Center (MOC)

The MOC will adhere to industry best practices and regulatory requirements to maximize internal and monitor-related efficiency. A MOC will advise on best practices in the following areas:

Design & Resourcing

  • Designing the organizational structure
  • Developing resource requirements and a budget
  • Assessing the capabilities and functions needed to create a successful internal monitorship liaison team
  • Advising on the staffing requirements for all aspects of the monitorship (including support for vetting and on-boarding of potential additional resources)

Governance & Risk Management

  • Developing a governance structure
  • Drafting internal guidelines to manage the entire monitorship process, including:
    • A methodology for delivering documents, conducting interviews
    • Conducting company walk-throughs and site visits
    • Analyzing and reporting issues
    • Developing and conducting necessary training
    • Implementing monitor recommendations effectively
    • Testing to assure all measures are taken to meet monitor recommendations

Technology & Data Solutions

  • Assessing technology and data management systems
  • Supporting vendor selection
  • Advising on confidentiality and data privacy considerations

Collaboration Tools

  • Designing a digital resource center
  • Providing MOC workflow management (including timesheet proto-types, methods of tracking expenses and related matters)
  • Finding optimal solutions for sharing, redacting and providing monitor access to documents (e.g. Intralinks, Relativity, shared drives, SharePoint)

MOC Internal Operations

  • Document gathering, organizing and tracking
  • Requiring forms and systems for collecting management information and escalating key issues
  • Analyzing information gaps, and identifying areas requiring immediate improvement
  • Developing an effective audit system for change management that causes only minimal corporate disruption

Prepare For a Monitor/Site Visit and Testing 

  • Testing areas of potential vulnerability
  • Simulating site visits in one or multiple locations
  • Interviewing key personnel remotely or in-country
  • Conducting training and testing exercises to ensure staff are prepared for monitor visits
  • Create procedures for escalation and resolution of identified weaknesses

Create a Core Team of Investigators

  • Engaging a team of experienced investigators to conduct interviews, assess witness credibility and develop effective investigative plans
  • Developing an interview protocol 
  • Exploring outstanding issues for resolution