Deferred Prosecution Agreements and Federal Monitors

This panel from the forum "Cutting-Edge Issues in Compliance and Business Conduct" allowed three very experienced people to discuss white collar prosecutions and their role as federal monitors to deferred prosecution agreements. We strongly recommend Bart M. Schwartz's ABA speech, "Becoming a Monitor and Getting the Job Done." Win Swenson, using several examples of his role as a federal monitor, outlined the scope, implementation, and effectiveness of the outside monitor. There was significant discussion of "lessons from the trenches," and the need for increased sensitivity and candor in the monitor-client-prosecutor relationship.

Listen to the audio of "Deferred Prosecution Agreements and Federal Monitors Panel"

Bill Prachar, Partner, Compliance Systems Legal Group

Panel Members:
Leslie Caldwell, Partner, Morgan, Lewis and Bockius; former Director, Department of Justice Enron Task Force

Bart M. Schwartz, Counselor at Law; previously served as the Qualified Authority to report to the court on HP's compliance with the consent decree following their 2006 Board investigation scandal; former Chief of the Criminal Division, Southern District, New York

Win Swenson, Partner, Compliance Systems Legal Group; former Deputy General Counsel, U.S. Sentencing Commission
Win Swenson's PowerPoints were used during the deferred prosecution and federal monitors' panel. Win gives specific examples from his personal experience regarding the selection and scope of work as a federal monitor. He outlines best practices related to the Federal Sentencing Guidelines, and shares specific lessons learned and issues encountered.

May 28, 2008