Following guidance released in June, attorneys from Epstein Becker Green examine the latest guidelines for how the Department of Justice will evaluate corporate compliance programs.
Companies need to be aware of updated guidelines issued by the U.S. Department of Justice (DOJ) Criminal Division governing how the agency will evaluate corporate compliance programs. Released on June 1, 2020, the “Evaluation of Corporate Compliance Programs” (“2020 Revisions”) aids prosecutors in assessing the adequacy and effectiveness of compliance programs when deliberating whether to prosecute or resolve a matter, whether to seek monetary penalties and/or whether to impose corporate monitoring or reporting obligations.
The DOJ has set forth that “in assessing whether a company’s compliance program was effective at the time of the misconduct, prosecutors should consider whether and how the misconduct was detected, what investigation resources were in place to investigate suspected misconduct and the nature and thoroughness of the company’s remedial efforts.” The 2020 Revisions set forth 20 pages of guidance and highlight the substantial benefits for corporations to be proactive about compliance.
Relying on the DOJ’s Justice Manual and its “Principals of Federal Prosecution of Business Organizations,” the…
