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OVERVIEW

Monitorships Better Prepared

Barnes & Thornburg attorneys have been designated by the U.S. Department of Justice and other federal and state regulatory bodies to serve as independent monitors in connection with the government’s deferred prosecution agreements and non-prosecution agreements with companies.

Our team members have served as monitors and independent consultants in sensitive, high-profile cases throughout the country.

As the independent monitor, our attorney teams help foster the relationship between the company and government. Specifically, our attorneys assess and monitor the company’s compliance with the agreement’s terms and focus on and reduce the risk of recurrence of the company’s misconduct through an evaluation of the company’s compliance program and efforts to monitor company activities. Additionally, we have experience acting as a self-imposed monitor when a client believes an investigation to be imminent.

Ongoing / Recent monitoring roles have included: 

  • ZTE – Barnes & Thornburg partner Roscoe C. Howard Jr. was appointed by the U.S. Department of Commerce to serve as the Special Compliance Coordinator for Zhongxing Telecommunications Equipment Corporation, of Shenzhen, China and ZTE Kangxun Telecommunications Ltd. of Hi-New Shenzhen, China (collectively, ZTE). The engagement stems from the historic settlement between the Department of Commerce and ZTE that includes a $1.761 billion fine, a 10-year probationary period, and the installation of the coordinator to conduct regular and comprehensive compliance supervision by a team answerable to the Bureau of Industry and Security.
  • Olympus NA – Barnes & Thornburg partner Larry Mackey was selected by the U.S. Department of Justice to serve as an independent monitor of Olympus Corp. of the Americas (OCA) to oversee two deferred prosecution agreements. OCA, the largest distributor of endoscopes and related equipment in the U.S., was charged with a violation of federal anti-kickback laws in the sale of its medical devices, as well as the Foreign Corrupt Practices Act in the sale of those devices by an OCA subsidiary in Latin America. To resolve the civil and criminal allegations, OCA agreed to pay a total of nearly $646 million and implemented a number of compliance measures that were assessed by Barnes & Thornburg over a period of three years.
  • Guaranteed Returns (GR) – is in the business of managing the return of pharmaceutical products for healthcare providers and pharmacies, in exchange for a fee based on a percentage of the return value. It is alleged that GR, under the direction of its former chief executive officer, diverted payments due and owing to its customers, to internal GR accounts. These customers included the federal government. In October 2014, GR and three of GR’s executives were indicted in the United States District Court for the Eastern District of Pennsylvania on various fraud charges. In an effort to re-establish their business with the Defense Logistics Agency, GR agreed to appoint Roscoe C. Howard, Jr. as their independent corporate monitor to review, evaluate and provide reports on their business policies and procedures.
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