Doj updates guidance ways to make money quickly and easily on evaluating corporate compliance programs compliance and enforcement

On april 30, 2019, assistant attorney general brian benczkowski announced an updated version of ways to make money quickly and easily the evaluation of corporate compliance programs (the “updated guidance”). [1] this updated guidance supersedes a document of the same name ways to make money quickly and easily that the fraud section of DOJ’s criminal division published online in february 2017 without any ways to make money quickly and easily formal announcement (the “2017 guidance”). Although not breaking much new ground, we believe the updated guidance can serve as a valuable ways to make money quickly and easily resource for those grappling with how best to design, implement, and monitor an effective corporate compliance program.

We previously wrote about the 2017 guidance in our FCPA ways to make money quickly and easily update. [3] that earlier version highlighted over 120 sample compliance questions (across eleven topics), which DOJ might ask a company to address in a ways to make money quickly and easily criminal investigation. The 2017 guidance provided little context apart from a short ways to make money quickly and easily introduction noting that the “topics were neither a checklist nor a formula,” a caveat repeated in the updated guidance. [4] in contrast, the updated guidance reorganizes the questions around key themes and ways to make money quickly and easily provides more context for each set of questions.

As noted both in the updated guidance itself and in ways to make money quickly and easily AAG benczkowski’s speech announcing it, the updated guidance is intended to assist prosecutors in evaluating ways to make money quickly and easily a company’s compliance program. It offers a framework to help prosecutors determine how to ways to make money quickly and easily resolve or prosecute particular matters, what monetary penalties to seek, and what if any compliance obligations to impose (such as a monitor).

The updated guidance is also the most complete discussion of ways to make money quickly and easily the government’s expectations for a corporate compliance program to date. Particularly with its focus on risk assessments and the effectiveness ways to make money quickly and easily of a program as implemented, we think it provides a useful guide for companies and ways to make money quickly and easily compliance officers seeking to evaluate and update their own programs. Components of the guidance

The updated guidance covers the same eleven topics as the ways to make money quickly and easily 2017 version and includes virtually all of the earlier questions, now split into twelve topics and organized under the three ways to make money quickly and easily fundamental questions noted above. As is unavoidable to a certain extent, there is some degree of repetition. The guidance itself acknowledges that “some topics necessarily fall under more than one” question. [5]

• first, the updated guidance provides that prosecutors should assess whether a ways to make money quickly and easily compliance program is well designed. The “starting point” for that analysis is reviewing a company’s risk assessment; followed by reviewing its policies and procedures; training and communication; confidential reporting structure and investigation process; third-party management; and handling of mergers and acquisitions. [6]

• third, the updated guidance explains that prosecutors should assess whether the ways to make money quickly and easily compliance program works in practice. Elements of a properly functioning program include continuous improvement; periodic testing and review (including the role of internal audit); adequate investigation of misconduct; and thoughtful analysis and remediation of underlying misconduct. [8] importantly, the guidance reiterates that the existence of misconduct “does not, by itself, mean that a compliance program did not work or was ways to make money quickly and easily ineffective at the time of the offense.” [9]

As discussed throughout the updated guidance, designing an effective compliance program begins with conducting an appropriate ways to make money quickly and easily risk assessment and periodically refreshing that critical work. The updated guidance gives a list of ten risk factors ways to make money quickly and easily that companies should consider, all of which will be familiar to compliance officers: the location of operations; industry sector; competitiveness of the business; the regulatory landscape; potential clients and business partners; transactions with foreign governments; payments to foreign officials; use of third parties; gifts, travel, and entertainment expenses; and charitable and political donations.

The updated guidance also specifically notes that prosecutors may still ways to make money quickly and easily credit the effectiveness of a compliance program that appropriately focuses ways to make money quickly and easily attention and resources on high-risk transactions, even if it fails to prevent an infraction in a ways to make money quickly and easily lower-risk area. Although DOJ has made this point before, it is encouraging to see it stated in the updated ways to make money quickly and easily guidance. Forward-looking analysis

By design, and as we previously have noted, the 2017 guidance was much more backward-looking, intended to identify the “root cause” of misconduct. By deemphasizing the review of particular misconduct at issue and ways to make money quickly and easily focusing more holistically on the design and application of a ways to make money quickly and easily company’s compliance program, the updated guidance addresses a core limitation of the 2017 ways to make money quickly and easily guidance.

The updated guidance makes clear that the government expects companies ways to make money quickly and easily to integrate their anti-corruption compliance program into their internal controls. Prosecutors are instructed to consider who within a company is ways to make money quickly and easily responsible for what the updated guidance calls “operational integration” and to assess the specific ways in which a company’s internal controls reinforce its compliance policies and procedures.

One of the most challenging compliance areas for any company ways to make money quickly and easily is managing its third-party relationships. As we have observed in the past, [10] third parties typically present among the greatest anti-corruption risk to any company. The updated guidance notes that a well-designed compliance program should apply risk-based due diligence to third parties, beginning with an understanding of the business rationale for hiring ways to make money quickly and easily each particular third party.

There is no such thing as a one-size-fits-all compliance program. As the updated guidance reflects, an effective compliance program begins with thoughtful tailoring to the ways to make money quickly and easily risks that a company actually faces. After ensuring that a compliance program contains all the vital ways to make money quickly and easily underlying elements, next comes robust implementation of that program. And ultimately, a company must monitor and test to make sure that ways to make money quickly and easily the program is functioning as intended and then refine the ways to make money quickly and easily program as needed.

The views, opinions and positions expressed within all posts are those of ways to make money quickly and easily the author alone and do not represent those of the ways to make money quickly and easily program on corporate compliance and enforcement (PCCE) or of new york university school of law. PCCE makes no representations as to the accuracy, completeness and validity of any statements made on this site ways to make money quickly and easily and will not be liable for any errors, omissions or representations. The copyright of this content belongs to the author and ways to make money quickly and easily any liability with regards to infringement of intellectual property rights ways to make money quickly and easily remains with the author.

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