Monitorship

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Glossary · GRC and resilience

Monitorship

Also called independent compliance monitor, corporate monitor

Definition

A monitorship is the appointment of an independent compliance monitor to oversee a company after it settles criminal or regulatory charges. The monitor assesses the company's controls, recommends improvements and reports to the prosecutor or regulator for a fixed term. The company pays for the monitor and must give full access.

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Fig. 1 · Monitorship
Criminal Division monitor selection memo · DPA Code of Practice
Key rulesCriminal Division monitor selection memo · DPA Code of Practice
Applies toPlea agreements, DPAs and NPAs between the Criminal Division and companies
RegionsUK · US
01

How it works

Monitors are usually imposed through a deferred prosecution agreement, non-prosecution agreement or plea agreement. In the US, the company proposes a shortlist of candidates and the Department of Justice selects one through a standing committee. The agreement sets the monitor's mandate, term and reporting schedule. Under the Criminal Division's 2025 policy, a monitor is imposed only where the benefits outweigh the cost and burden to the company.

The monitor reviews policies, tests controls, interviews staff and issues periodic reports with recommendations, which the company must adopt or explain why not. At the end of the term the monitor certifies whether the compliance programme is working. In the UK, the DPA Code of Practice lets prosecutors include a monitor as a DPA term, with the company paying all costs and the term ending early if controls work.

Step 1SettlementA DPA, NPA or plea agreement requires a monitor.
Step 2SelectionThe company proposes candidates and the prosecutor chooses.
Step 3Work planThe monitor sets out what it will review and when.
Step 4Reviews and reportsThe monitor tests controls and reports with recommendations.
Step 5CertificationThe monitor confirms the programme works and the term ends.
02

The rules

US · 12 May 2025Criminal Division monitor selection memoMemorandum on Selection of Monitors in Criminal Division Matters, US Department of Justice

Sets when a monitor is warranted, limits monitors to cases where benefits outweigh costs, and sets the selection process; it supersedes the 2009, 2018 and 2023 memos.

Plea agreements, DPAs and NPAs between the Criminal Division and companies
UK · 14 February 2014DPA Code of PracticeDeferred Prosecution Agreements Code of Practice, issued by the Director of the SFO and the Director of Public Prosecutions under Schedule 17 to the Crime and Courts Act 2013

Allows a monitor as a DPA term where fair, reasonable and proportionate, makes the company pay all monitor costs and lets the monitorship end early once controls work.

Organisations entering DPAs in England and Wales
03

Common questions

Who pays for a monitor?

The company. US agreements and the UK DPA Code of Practice both place the full cost of selecting and paying the monitor on the company.

How long does a monitorship last?

Terms are set in the settlement agreement and commonly run for two to three years. They can be shortened if the monitor is satisfied early, or extended if the company falls short.

Do regulators also appoint monitors?

Yes. Banking and securities regulators impose monitors or independent consultants through consent orders. In the UK, a skilled person review under section 166 of FSMA plays a similar role.