DOJ Releases Evaluation of Corporate Compliance Programs Guidance for Compliance Officers
Date Posted: Wednesday,
March 08, 2017
The Department of Justice's (DOJ) Fraud Section recently released "Evaluation of Corporate Compliance Programs" document. This guidance is for Compliance Officers to better understand how prosecutors evaluate the adequacy of organizations' Compliance Programs.
The "Filip Factors" - The Principles of Federal Prosecution of Business Organizations in the United States Attorneys' Manual describes specific factors that prosecutors should consider in conducting an investigation of a corporate entity, determining whether to bring charges, and negotiating plea or other agreement.
These factors are commonly known as the Filip Factors and include "the existence and effectiveness of the corporation's pre-existing compliance program" and the corporation's remedial efforts "to implement an effective corporate compliance program or to improve an existing one."
This DOJ guide was created to evaluate compliance programs after a violation had been discovered, and to examine the existing misconduct as the benchmark against which the compliance program would be evaluated.
It also provides valuable information related to:
- Guidelines for testing existing compliance programs;
- Outlines steps that should be taken when problems are discovered in order to demonstrate a pre-existing commitment to compliance;
- Informs the public about federal prosecutors' review of compliance programs under the Filip Factors.
Source: AIHC-ASSN.net
