Evaluation of Corporate Compliance Programs: Practical Considerations Based On DOJ's Updated Guidance

Troutman Pepper
Contact
On April 30, the Department of Justice’s Criminal Division released guidance articulating the factors federal prosecutors will consider when evaluating the compliance program of a corporation under investigation. This guidance — aptly titled “Evaluation of Corporate Compliance Programs” — updates the February 2017 guidance issued by the DOJ’s Fraud Section, and explicitly states that it will be used by prosecutors to determine the following: (1) the form of any resolution of an investigation or prosecution of a corporation; (2) the See more +
On April 30, the Department of Justice’s Criminal Division released guidance articulating the factors federal prosecutors will consider when evaluating the compliance program of a corporation under investigation. This guidance — aptly titled “Evaluation of Corporate Compliance Programs” — updates the February 2017 guidance issued by the DOJ’s Fraud Section, and explicitly states that it will be used by prosecutors to determine the following: (1) the form of any resolution of an investigation or prosecution of a corporation; (2) the monetary penalty, if any, to be assessed against a corporation; and (3) the scope of any compliance obligations contained in any criminal resolution related to a corporation (e.g., monitorships, reporting obligations, etc.).

This updated guidance reinforces the growing importance of having an effective corporate compliance program when DOJ is making its individualized determination of whether, and to what extent, it will pursue criminal charges. Therefore, it is important for every corporation to understand how this guidance impacts its current approach to the design, implementation and enforcement of its corporate compliance program.

Listen to this webinar with Pepper Hamilton partners Callan G. Stein and Hyung P. Steele, members of the firm’s Health Sciences Department, as they to discuss the DOJ’s recent guidance, as well as practical tips for structuring and evaluating your company’s compliance program. See less -

Embed
Copy

Other MultiMedia by Troutman Pepper

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Troutman Pepper | Attorney Advertising

Written by:

Troutman Pepper
Contact
more
less

Troutman Pepper on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.