LEGAL PRACTICE: US - CORPORATE COMPLIANCE PROGRAM - EVALUATION - GUIDANCE - INVESTIGATIONS

The DOJ’s guidance on evaluation of corporate compliance programs

On April 30, 2019, the US Department of Justice released a new guidance on the evaluation of corporate compliance programs. The guidance is centered around three key questions: (1) Is the Compliance Program well designed?; (2) Is the Compliance Program effectively implemented?; and (3) Does the Compliance Program work in practice? The guidance also underscores the many areas that prosecutors will focus on when investigating a company’s compliance program. To strengthen your company’s compliance program, and to avoid such an investigation, compliance personnel need to use the guidance as a set of questions to ask when conducting a compliance program assessment.

1. On April 30, 2019, in a major development in the anti-corruption and compliance industry, the Department of Justice (“DOJ”) issued a new guidance on evaluating corporate compliance programs. The guidance, entitled “Evaluation of Corporate Compliance Programs,” (“Evaluation Guidance”) supersedes the prior guidance issued in 2017, and brings together many significant trends in the compliance area. As the document provides important insight into the complex standards that the DOJ applies when evaluating compliance programs, compliance officers should use the guidance as an outline for risk assessments and self-assessments of their compliance programs. The Evaluation Guidance also serves as an effective springboard for training the board of directors and senior leadership on the DOJ’s

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Stephen T. Cheng, The DOJ’s guidance on evaluation of corporate compliance programs , September 2019, Concurrences Review N° 3-2019, Art. N° 90989, www.concurrences.com

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