DOJ Updates Guidance on Evaluating Corporate Compliance Programs
The U.S. Department of Justice-Criminal Division recently updated its internal guidance to federal prosecutors for evaluating corporate compliance programs. While the DOJ does not prescribe a rigid formula for evaluating these programs, in the criminal context, prosecutors are directed to evaluate whether a program: (1) is well-designed, (2) is being implemented effectively, earnestly, and in good faith, and (3) works in practice.
The new guidance calls on corporations to design compliance programs for "maximum effectiveness" in preventing wrongdoing by employees, and corporate management must enforce the program to prevent tacit encouragement of misconduct.
Corporate compliance programs should be effectively implemented to avoid being merely "paper programs." After initial implementation, the program should be periodically reviewed, and revised as appropriate. Employees should be adequately informed of the compliance program and convinced of the corporation's commitment to it.
Corporate compliance programs should identify misconduct timely to allow for remediation and self-reporting to be considered "strong and effective."
Whether federal prosecutors are conducting an investigation, prosecuting misconduct by a business organization, or determining an appropriate penalty or criminal fine, great consideration is given to whether the corporation had an adequately designed and effectively implemented program that timely identified misconduct.
Attorneys in Ballard Spahr's White Collar Defense/Internal Investigations Group advise clients on designing and implementing corporate compliance programs. They also conduct internal investigations and represent clients facing actual or threatened government enforcement.
Copyright © 2019 by Ballard Spahr LLP.
(No claim to original U.S. government material.)
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the author and publisher.
This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have.