In early February, the Department of Justice’s Criminal Division, Fraud Section, published a document titled, Evaluation of Corporate Compliance Programs. A must-read for any person responsible for a compliance program, regardless of industry, the document identifies common questions that DOJ may ask when making individualized determinations about a compliance program’s effectiveness. Although DOJ points out that the publication is “neither a checklist nor a formula,” the document provides practical guidance to corporations (and their attorneys) about where DOJ will focus its compliance program inquiries. And although the publication applies only to the criminal division, it may be instructive in civil fraud matters as well.
The Arent Fox LLP Health Care Group and White Collar & Investigations Group regularly monitor developments from the Department of Justice relating to compliance requirements. If you have any questions about this topic, please contact Stephanie Trunk, Linda Baumann, Samuel Cohen, Erin Atkins, or Hillary Stemple in our Washington, D.C. office, Thomas Jeffry in our Los Angeles office, or the Arent Fox professional who regularly handles your matters.