Without fanfare, on February 8 the Fraud Section of the Department of Justice (DOJ) published new corporate compliance guidance on its public website. The guidance is presented as a set of topics and questions, entitled “Evaluation of Corporate Compliance Programs”. It is the first formal guidance to be issued from the fraud section of the DOJ in this presidential administration. And, although not offering groundbreaking insights for any experienced compliance professional, it is useful in two important ways:

• It offers insight into the questions asked and factors considered by prosecutors as they assess the effectiveness of corporate compliance programs of companies under investigation. Compliance officers and attorney generals have long asked for more transparency on this topic. This document moves that ball forward.

• It highlights the alignment of various sections of the United States Attorney’s Manual (USAM), The United States Federal Sentencing Guidelines (USSG), A Resources Guide to the U.S. Foreign Corrupt Practices Act (FCPA Guide), Good Practice Guidance on Internal Controls, Ethics, and Compliance adopted by the Organization for Economic Cooperation and Development (OECD), and the Anti-Corruption Ethics and Compliance Handbook for Business (OECD Handbook). This can be particular useful for businesses operating globally.

The Compliance Program Guidance is divided into 11 sections:

• Analysis and Remediation of Underlying Conduct
• Senior and Middle Management
• Autonomy and Resources
• Policies and Procedures
• Risk Assessment
• Training and Communications
• Confidential Reporting and Investigation
• Incentives and Disciplinary Measures
• Continuous Improvement, Periodic Testing and Review
• Third Party Management
• Mergers & Acquisitions

The Compliance Program Guidance can thus serve as a starting point for in-house attorneys and compliance officers when designing, implementing and updating their companies’ compliance programs, as well as a resource for counsel when preparing compliance-related presentations or formal written submissions to the DOJ.