When designing a compliance and ethics program, organizations want one that not only will prevent, find and fix problems, but also one that will pass muster with the US Department of Justice if there is an incident.
The Criminal Division of the DOJ recently released an updated version of its Guidance document "Evaluation of Corporate Compliance Programs." The document is "...meant to assist prosecutors in making informed decisions as to whether, and to what extent, the corporation's compliance program was effective at the time of the offense..."
It is also a goldmine for the compliance community, providing a roadmap for what a program should contain. As importantly, it provides support to compliance officers, enabling them to show management why they need the resources that they are asking for.
In this comprehensive podcast – it's more than twice the length of our typical one – Orrick partner Billy Jacobson provides an analysis of what the Evaluation document says. Billy brings to this discussion his broad and deep experience in compliance, having served as a chief compliance officer, general counsel, outside counsel and a prosecutor in the FCPA unit at the DOJ.
Listen in as he highlights the key provisions of the document, what's new vs. the previous iteration, insights into how the government's thinking has evolved, and why even companies based outside the US should study the new Evaluation guidance closely.
Originally published by The Compliance & Ethics Blog.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.