Monitorships and Leniency Agreements in Latin America

Petrobras, Braskem, Odebrecht, Stericycle and other U.S. style compliance and regulatory actions continue to be more commonplace across Latin America in the past decade. Indeed, there has been a tectonic shift in the implementation of leading industry compliance program overhauls following significant investigations and prosecutions. Some of those matters have included the use of legal tools such as monitorships and deferred prosecution agreements. While organizations on the receiving end of what is sometimes referred to in Latin America as a “leniency agreement” and/or the imposition of a compliance monitor may not welcome these measures or the costs. And yet done correctly, they can deliver long term benefits that over time may lead to improved profitability, transparency, stronger ethical culture and improved morale.