On April 30, the Department of Justice’s Criminal Division released guidance articulating the factors federal prosecutors will consider when evaluating the compliance program of a corporation under investigation. This guidance — aptly titled “Evaluation of Corporate Compliance Programs” — updates the February 2017 guidance issued by the DOJ’s Fraud Section, and explicitly states that it will be used by prosecutors to determine the following: (1) the form of any resolution of an investigation or prosecution of a corporation; (2) the monetary penalty, if any, to be assessed against a corporation; and (3) the scope of any compliance obligations contained in any criminal resolution related to a corporation (e.g., monitorships, reporting obligations, etc.).
This updated guidance reinforces the growing importance of having an effective corporate compliance program when DOJ is making its individualized determination of whether, and to what extent, it will pursue criminal charges. Therefore, it is important for every corporation to understand how this guidance impacts its current approach to the design, implementation and enforcement of its corporate compliance program.
Please join Pepper Hamilton partners Callan G. Stein and Hyung P. Steele, members of the firm’s Health Sciences Department, for a webinar to discuss the DOJ’s recent guidance, as well as practical tips for structuring and evaluating your company’s compliance program.
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