Global Investigations Review (GIR): A Forensic Perspective: Testing and Verification of Assertions Made Within Settlement Agreements

An independent monitor assembles a team of professionals to assist in the discharge of his or her duties and obligations under the settlement agreement. This typically involves creating and supervising the implementation of compliance and remediation measures to address the perceived deficiencies that gave rise to the wrongdoing.

Forensic professionals are crucial members of that team who provide technical and industry expertise in the financial, computational and technological aspects of the settlement agreement. An independent monitor retains the services of forensic professionals to assist with various aspects of his or her role in overseeing the company’s compliance with the settlement provisions which can include the verification of the eligible and affected settlement agreement populations relevant to the issues or wrongdoing that led to the settlement, as well as the application and provision of remediation to those within the affected population.

This chapter focuses on the forensic professionals’ role in providing vital support in fulfilling the independent monitor’s mandate under the settlement agreement, which includes assisting in:

• Developing Work Plans
• Establishing Approved Testing Methodologies
• Developing Testing Templates and Testing Metrics
• Identifying and Validating Settlement Agreement Populations
• Conducting Sampling and Performing Independent Testing
• Concluding whether the Party has Satisfied the Settlement Agreement's Requirements
  
  

This chapter was first published with the Global Investigations Review in May 2024.