(UPDATED June 2023)
The U.S. Department of Justice, Criminal Division, issued updated guidance in March 2023 on how it evaluates the effectiveness of a corporate compliance program when conducting an investigation of a corporation. A comprehensive assessment tool structured around three basic questions -- (1) Is the Corporation’s Compliance Program Well Designed? (2) Is the Corporation’s Compliance Program Adequately Resourced and Empowered to Function Effectively? and (3) Does the Corporation’s Compliance Program Work in Practice?
DOJ’s guidance offers invaluable insight into how a business can assess the efficacy of its compliance program.