Monitoring The Monitors

Law360 (October 22, 2010, 2:03 PM EDT) -- The scenario has become all too familiar over the past few years: a large, often multinational corporation agrees to enter into either a nonprosecution agreement (NPA) or a deferred prosecution agreement (DPA) with the U.S. Department of Justice or a local U.S. attorney’s office. One of the terms of the agreement mandates the appointment of a corporate monitor for the duration of the NPA or the DPA. Then the question arises — Who will be selected as the monitor?

This question stirred debate three years ago when former Attorney General John Ashcroft was selected by then U.S. Attorney Chris Christie in...

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