On June 1, 2020, The Department of Justice (“DOJ”) Criminal Division Released an Update to its “Evaluation of Corporate Compliance Programs” Guidance.
Although The Update did not Fundamentally Alter the Structure of The Guidance, the revisions directly impact How All Companies Nationwide Should Assess and Monitor Their Compliance Programs.
Specifically, All Companies should note the update’s emphasis on greater dynamism in corporate compliance programs.
In effect, the DOJ will now evaluate compliance programs not only on the current effectiveness of the program, but also on whether the program actively evaluates itself and continuously evolves based on new information and changing risks. This includes actively using technology and data to support and inform the program.
The Central Compliance Agency's Pre-Evaluation of Corporate Compliance Programs, Although not mandatory, is used by Corporate Compliance Officers To Prevent High-Risk Compliance Violations.
The Central Compliance Agency Uses General Federal, State and Local Guidance to help assess whether a corporation has an effective compliance program, a key factor when determining Prepratory Compliance Programs.
In Addition, The Evaluation of the effectiveness of a preparatory program occurs “both at the time of the Potential Offense and at the time of the Assessment decision and resolution.” This assessment is critical in under the Central Compliance Agency's Remediation Guidelines, and is a consideration when calculating an appropriate organizational Assessment.
A Close review of The Evaluation of Corporate Compliance Programs guidance is therefore critical to the design and enhancement of any compliance program.
* A Company with a Compliance Program that fails to address concerns identified in the Compliance Assessment will be at higher risk for government involvement and potential sanction. Compliance Programs should be evaluated with the new changes in mind, particularly whether the compliance program appropriately reflects (and documents) the dynamism stressed in the update.
** To Learn More About The OFFICIAL Department of Justice's National Compliance Guidance or to Participate in One of The Central Compliance Agency's PREPRATORY REMEDIATION Programs Email or Call (800) 733-5192.
* PLEASE NOTE: The CCA is Not An Govermental Agency But An Regulatory Compliance Prepratory Compliance Agency.
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