DOJ’s Guidance on Corporate Compliance Provides Valuable Tool for Risk Managers

Jason de Bretteville, chair of Stradling's Litigation Department and White Collar Criminal Defense practice, was quoted in an article published by Healthcare Risk Management, “DOJ’s New Guidance on Corporate Compliance Provides Valuable Tool for Risk Managers.” The Criminal Division of the DOJ recently released a guidance document for white-collar prosecutors on the evaluation of corporate compliance programs. “Much of what is new in the guidance is the level of detail rather than a major shift in policy, this policy shares familiar topics such as the role of the compliance function within an organization, the need for skilled internal investigators, the limits of outsourcing compliance functions, the relationship between risk assessment and program design, and the role of compliance in mergers and acquisition transactions,” stated de Bretteville. The new guidance document should be used to educate and secure support for the compliance function from directors and senior executives as well as a resource in assessing the adequacy of the existing compliance efforts. “The most fundamental aspect of the guidance is its focus on the need to perform and document a meaningful risk assessment as a predicate to designing a tailored ‘fit for purpose’ compliance program,” de Bretteville said. This guidance illustrates that the DOJ’s expectation of effective compliance programs will evolve over time.