The Justice Department published a new version of its guidance on how it evaluates compliance programs when making corporate charging decisions. This is the second update to the original guidance document which was published in 2017.
According to the DOJ’s Brian Benczkowski, the revised version of the guidance “reflects additions based on our own experience and important feedback from the business and compliance communities.”
The updates includes language about ensuring the compliance program is dynamic, the compliance function is adequately resourced, and that there is more focus on third party risk.
When deciding whether to bring an enforcement action against a company, this tool is helpful for prosecutors to ask the right questions when evaluating the company’s compliance program’s effectiveness.