General Motors
Details
| Industry: | Automotive |
| Underlying Misconduct: | Wire Fraud |
| Matter Type: | DOJ Criminal |
| Relevant Jurisdiction(s): | United States Attorney for the Southern District of New York; National Highway Traffic Safety Administration (NHTSA); |
| Penalties: | Fine |
| Fine Amount: | $900 Million |
| Reporting Agencies: | State Attorney General |
| Resolution Form: | Deferred Prosecution Agreement |
| Agreement Date: | September 16, 2015 |
| Monitor Reference Term: | Independent Monitor |
| Monitor Identity: | Bart Schwartz |
| Monitorship Term: | 3 Years |
| Monitor Selection Process: |
The Office shall consult with GM, including soliciting nominations from GM, using its best efforts to select and appoint a mutually acceptable Monitor as promptly as possible. In the event that the Office is unable to select a Monitor acceptable to GM, the Office shall have the sole right to select a monitor. |
| Time to Propose Monitors: | N/A |
| Time to Engage Monitor: | As soon as possible |
| Time to First Report: | N/A |
| Reporting Frequency: | |
| Monitor Required Qualifications: |
The Monitor must be independent and objective and the following persons shall not be eligible as either a Monitor or an agent, consultant or employee of the Monitor: (a) any person previously employed by GM; or (b) any person who has been directly adverse to GM in any proceeding |
| Summary of Monitor's Scope: |
The Monitor should review and assess policies, practices and procedures relating to GM’s safety-related public statements, sharing of engineering data and recall processes |
| Summary of Monitor's Activities: |
(1) Review and assess the efficacy of GM's current policies, practices, and procedures in ensuring that GM corrects prior statements and assurances concerning motor vehicle safety |
| Monitor's Restrictions: |
The Monitor shall maintain the confidentiality of any non-public information entrusted or made available to the Monitor The Monitor shall sign a non-disclosure agreement with GM prohibiting disclosure of information received from GM to anyone other than to the Office, FBI, DOT, SIGTARP or NHTSA, and anyone hired by the Monitor. Within thirty days after the end of the Monitor's term, the Monitor shall either return anything obtained from GM, or certify that such information has been destroyed. |
| Documents Uploaded: | General-Motors-DPA-16Sept2015.pdf |
