Calfee Monitoring is a national consultancy based in Washington, D.C. that provides corporate integrity monitoring and consulting to governments and corporations.
Monitoring services range from reviewing and analyzing to making recommendations to independent validation. Monitorships are often an element of the Order in a Plea Agreement, Deferred Prosecution Agreement (DPA), Settlement Agreement and/or related Remediation Implementation Plan.
Attributes of an effective Monitorship include:
- Objectivity as to the matter in controversy, investigation or enforcement
- Independence in fact and appearance from the parties in the matter
- Technical and industry competence as to the subject matter
- Familiarity with the underlying Act, law or regulation
- Ability to deliver in tight time frames and over multiple years
- Sophistication to conclude in tough situations
Steve Siemborski is a member of the International Association of Independent Corporate Monitors based in Washington D.C.
Calfee Monitoring is an affiliate of Calfee Strategic Solutions, LLC. Calfee Strategic Solutions is not a law firm and is not authorized to engage in the practice of law. Accordingly, its advice should not be regarded as legal advice, and its services should not be considered the practice of law.
Our professionals have led or participated in the following corporate integrity monitoring engagements arising from administrative or enforcement actions between corporations and federal and state authorities:
- Engaged by a U.S. subsidiary of one of the world’s leading international oil and gas companies as Third-Party Auditor to evaluate compliance with provisions of a plea agreement between the company, its U.S. exploration and production subsidiary, the Department of Justice and numerous other federal departments and agencies. Annual work has been completed within the consent order time frames. Four reports were issued to the company, DOJ, Probation Office, Interior and Coast Guard.
- Engaged by one of the world’s leading international oil and gas companies as EPA Independent Auditor to evaluate compliance with provisions of an administrative agreement between the company, its subsidiaries and the Environmental Protection Agency. Collaborated with a separate Ethics Monitor and a Process Safety Monitor. Annual work was completed within the agreement time frame and reports were delivered to the company and the EPA.
- Led a 30-person team to evaluate the effectiveness of a company’s programs, policies and procedures described in an Action Plan under a consent order with federal regulators. Performed internal control reviews; interviewed employees, managers, executives and board members; and conducted independent control and transactional testing for the U.S. mortgage business of one of the largest global banking organizations. Work was completed within the consent order time frame. Issued a Validation Report to the FRB-Chicago and the OCC.
- Engaged by a U.S. subsidiary of a global food processing company as Third-Party Auditor to evaluate compliance with hiring best practices (including I-9 and eVerify) for 25,000 employees pursuant to a Deferred Prosecution and Settlement Agreement with the Department of Justice and ICE. Delivered three reports, and the final audit year was waived by the DOJ.
- Engaged by a leading lumber importer and retailer as Third-Party Auditor to evaluate compliance with provisions of a consent order between the company and the Department of Justice.
- Assisted Special Counsel appointed by the Audit Committee to investigate allegations of improper accounting, control and reporting matters arising from a whistleblower action at a $1 billion manufacturer. Work resulted in a financial restatement and executive level changes.
- Selected by the Audit Committee of a publicly-held healthcare software development company that had three financial restatements to manage the remediation of material weaknesses, significant deficiencies and deficiencies, and to improve overall governance through an enterprise-wide risk assessment and create an internal audit function.
- Selected in a certified federal class action matter as the Settlement Administrator responsible to identify, communicate, validate and provide restitution to thousands of automobile customers of a national bank.
Services we provide include:
- Consult as to:
- Risk, cost and intrusiveness of being subject to a monitorship
- Breadth of duties for which a monitor may be engaged (review, recommend, assess, evaluate, verify) and methods to adopt recommendations)
- Framing the duties, responsibilities and qualifications of the monitor
- Provide Monitor services resulting from an enforcement or administrative action at the federal and state level
- Develop the Implementation Plan, or its framework, as part of the Plea / DPA / Settlement so as to shape the entity’s remediation obligations and the Monitor’s related duties
- Validate whether the entity is complying with the terms of the consent order
- Administer or oversee the determination and distribution of restitution and penalties