March 23, 2017

Everything Compliance -Episode 9, DoJ Evaluation of Corporate Compliance Programs, Part II

37 minutes

This episode is dedicated to the Justice Department’s Evaluation of Corporate Compliance Programs, which was released in February. In this episode, Jay Rosen and Jonathan Armstrong provide next insight. Listen to last week’s Episode 8 for commentary from Matt Kelly and Mike Volkov.

Jay Rosen, reporting from the ABA White Collar Conference in Miami, considers the view from the vendor perspective and whether the Evaluation changes a conversation about doing compliance. He reviews the requirements for ongoing monitoring, risk assessments and root cause analysis and the need for companies to explain how something might have fallen through the cracks, leading to a FCPA incident. He points out how CCOs can test a company’s compliance systems.

For Jay Rosen’s post see, Still in the Enforcement Business and Evaluation of Corporate Compliance Programs

Jonathan Armstrong provides a detailed analysis of some of the key differences between how compliance is operationalized in the US as opposed to the UK and EU countries. He explains how the enhanced requirements for root cause analysis, risk assessments and investigations and the supplemented requirements to tie back into the ongoing compliance monitoring and updating, could run afoul of UK and EU data protection and data privacy requirements. He also considers what a non-US company, subject to the FCPA what should look to as a best practices compliance program to best protect the organization. Finally explores just how far does all of this go? He provides on statistic that puts a huge bow on the difficulties going forward.

For the Cordery Compliance article see the following, US Department of Justice on Evaluation of Corporate Compliance : how does it compare to UK Bribery Act 2010?

For Mike Volkov’s posts on the Evaluation see the following:

Under the Dark of Night, DOJ Moves the Compliance Ball;

DOJ’s Compliance Program Evaluation: the Role of the CCO;

DOJ’s Compliance Program Evaluation: Risk Assessment, Policies and Procedures and Third-Party Risk Management; and

DOJ Compliance Expectations Concerning Training, Internal Investigations and Audits

For Tom Fox’s posts on these topics see the following:

New DOJ Evaluation-Valuable Document for the Compliance Practitioner, Part I; and

New DOJ Evaluation-Valuable Document for the Compliance Practitioner,

Part II

For Matt Kelly’s posts see the following:

Fresh FCPA Guidance from the Justice Department; and

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By Thomas Fox

4.7

2020 ratings