We advised the board of directors in connection with the monitorship

Davis Polk advised the board of directors of a multinational telecommunications company in connection with an independent compliance monitor that was instituted as part of its deferred prosecution agreement (DPA) with the Department of Justice relating to violations of the Foreign Corrupt Practices Act (FCPA). In 2019, our client resolved certain criminal conduct by entering into a DPA with the DOJ. As part of the DPA, the company agreed to retain an independent compliance monitor for a three-year period to evaluate the effectiveness of its compliance program.

In March 2023, the company pleaded guilty to charges deferred by the DPA after breaching the agreement. As part of the plea agreement, our client agreed to a one-year extension of the independent compliance monitor. The monitor’s certification of our client’s compliance program clears a necessary condition under the terms of its plea agreement. Prior to the end of the monitorship’s term, the monitor was required to certify that the company’s compliance program was reasonably designed and implemented to prevent and detect violations of the FCPA or other applicable anti-corruption laws.

The Davis Polk team included partners George R. Bason Jr. and Greg D. Andres, counsel Katherine Swan and associates Alexa Jacobson and Matthew Hanner. Members of the Davis Polk team are based in the New York and Washington DC offices. 

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