View Matter

General Motors


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
(2) Review and assess the effectiveness of GM's current policies, practices, or procedures for sharing allegations and engineering analyses associated with lawsuits and not-in-suit matters with those responsible for recall decisions
(3) Review and assess GM's current compliance with its stated recall processes
(4) Review and assess the adequacy of GM's current procedures for addressing known defects in certified pre-owned vehicles.

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