Courts, regulators, and corporations frequently turn to experienced, independent third parties to oversee settlement agreements, including deferred prosecution agreements (DPAs), non-prosecution agreements (NPAs), consent orders, and other instances where an organization’s corporate governance or compliance systems fail and regulators step in. Our Global.i experts have experience monitoring entities subject to a settlement agreement or consent order.
Anti-Bribery and Anti-Corruption
BRG’s international cadre of professionals possesses the relevant experience and skills to conduct efficient and effective anti-bribery, anti-corruption, and fraud investigations. BRG regularly assists clients in addressing the following global anti-bribery and anti-corruption regulations: U.S. Foreign Corrupt Practices Act (FCPA), U.K. Bribery Act, Brazil Clean Company Act (BCCA), and Mexico’s General Law of Administrative Responsibility (GLAR).
Anti-Money Laundering (AML) Consulting
BRG’s Anti-Money Laundering and regulatory compliance advisory services provide clients with the knowledge, tools, and techniques needed to comply with regulatory requirements, manage risks, and identify emerging problems. BRG experts can assist clients in addressing requirements for institutions subject to both domestic and international banking regulations, such as the U.S. based Bank Secrecy Act (BSA) and Mexico’s Anti-Money Laundering Law (AMLL).
Integrity & Compliance Monitorships
Courts, regulators, and corporations frequently turn to experienced, independent third parties to oversee settlement agreements, including deferred prosecution agreements (DPAs), non-prosecution agreements (NPAs), consent orders, and other instances where an organization’s corporate governance or compliance systems fail and regulators step in. BRG’s Global.i experts have experience monitoring entities subject to a settlement agreement or consent order. They can readily assess the organization, make recommendations for improvement, and report on the implementation of the required operational and organizational changes.
Our multidisciplined monitoring teams include former federal prosecutors, cyber specialists, computer forensics and technology experts, data analytics professionals, and forensic accountants who have established reputations with courts, regulators, and other government agencies around the world.
Our experts have been engaged as monitors and independent compliance consultants in the financial services, education services, construction, manufacturing, gaming, and pharmaceutical industries in response to violations of trade practices, Office of Foreign Assets Control (OFAC) sanctions regulations, money laundering, and other violations of banking regulations, as well as breaches of anti-bribery and corruption laws. Our deep experience and tested methodologies in these matters assist courts and regulators in determining that bad conduct has ceased, corrective measures have been fully implemented, and all provisions of a given settlement agreement are satisfied.
BRG is well positioned to expertly and cost-effectively monitor financial institutions and other complicated corporate entities. We have deep industry expertise, multidisciplinary teams, and a proven record of overseeing settlement agreements and deferred prosecution agreements.
In October 2016, the International Organization for Standardization (ISO) issued a new voluntary standard to assist organizations in evaluating their ability to prevent, detect, and address the risks associated with bribery and corruption. The new standard, ISO 37001, establishes a series requirements that, when administered properly, can reduce the risk of bribery. BRG’s Global.i professionals, in collaboration with the Professional Evaluation and Certification Board (PECB), can assist organizations in achieving compliance with the standard.
We have decades of experience conducting anti-bribery and anti-corruption (ABAC) investigations, and we regularly assist organizations striving to improve their ABAC programs by conducting independent ABMS evaluations, inclusive of ABAC risk assessments, developing and implementing ABMS policies and procedures, and conducting risk-based due diligence with a particular focus on assisting companies in creating risk profiles for third-party vendors. We also provide compliance training for boards of directors, senior managers, and employees, and have rolled out large-scale international anti-fraud programs.
In certain situations, the appointment by a regulator or court of an independent third party to oversee a troubled organization is necessary, particularly when the entity has been used to perpetuate illegal activity and the likelihood of squandering of corporate assets is great. In these instances, it is critical that the team appointed to understand and safeguard the company is experienced in financial investigations, safeguarding electronic information, reconstructing complex financial transactions, preserving assets, and developing a regimen to maintain the viability of the business.
BRG’s multidisciplined teams of experts can secure an organization, gather electronic data and documents, assess the company’s financial health, investigate fraud and malfeasance, locate hidden or misappropriated corporate assets, develop strategies to capitalize on the company’s value, and distribute assets appropriately to the relevant stakeholders. They act earnestly and decisively, preserving value and maximizing opportunities for creditors, employees, and shareholders.
Finally, during the course of a receivership, it may be necessary to place the entity into bankruptcy. BRG experts have advised companies with filing for bankruptcy, hiring bankruptcy counsel, and working with appointed bankruptcy trustees to ensure the orderly distribution of assets to creditors and victims, in the instance of fraud or malfeasance.
BRG is expert at safeguarding assets, investigating malfeasance, and maximizing shareholder value in troubled companies.
Sanctions Compliance Review
BRG experts can develop customized compliance plans and evaluate critical monitoring of economic sanctions programs. We have expertise supporting traditional financial institutions, as well as non-traditional financial institutions, including hedge funds, credit providers, money service businesses, and virtual currencies. Our experts regularly interact with banking and financial service regulators on behalf of our clients to address issues with the Bank Secrecy Act/Anti-monitoring of anti-money laundering (BSA/AML) rules and regulations as well as the Office of Foreign Assets Control (OFAC).