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On June 1, 2020, with little fanfare, the Department of Justice’s Criminal Division, Fraud Section published a <a href="https://www.justice.gov/criminal-fraud/page/file/937501/download" target="_blank" rel="noopener">revised version</a> of its guidance document, “Evaluation of Corporate Compliance Programs.” This 20-page memo is the key measuring stick federal prosecutors use when conducting an analysis of a company’s compliance program in the context of “conducting an investigation of a corporation, determining whether to bring charges, and negotiating plea or other agreements.” The Fraud Section first released this guidance in February 2017, with one prior update in April 2019.

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With these new revisions, DOJ has shown that it is growing more exacting in its expectations for companies and is increasingly expecting companies who seek leniency due to the strength of their compliance program to have a sophisticated and data-oriented approach to compliance. Gone are the days that companies with the bare minimum in compliance policies and procedures could expect any compliance-related benefits from DOJ.

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Here are some notable takeaways from the revisions:

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Companies who are on, or have been on, DOJ’s radar screen or operate in high-risk or highly regulated industries are well advised to review and implement the guidance, as appropriate to their business. With these new changes, DOJ has made clear that its compliance expectations are growing increasingly heightened. Notably, DOJ released the revised guidance in the midst of the COVID-19 pandemic and nationwide civil unrest, protests and looting, signaling to companies that its expectations for more robust and meaningful compliance programs are durable even in the face of national and international turmoil.

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Sarah M. Hall 202.263.4192 <a href="mailto:Sarah.Hall@ThompsonHine.com">Sarah.Hall@ThompsonHine.com</a>

Joan Meyer 202.263.4115 312.998.4240 <a href="mailto:Joan.Meyer@ThompsonHine.com">Joan.Meyer@ThompsonHine.com</a>

Samir D. Varma 202.263.4136 <a href="mailto:Samir.Varma@ThompsonHine.com">Samir.Varma@ThompsonHine.com</a>

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhinestaging.contentpilot.net/wp-content/uploads/2022/04/White-Collar_Criminal_Practice_Update_-_DOJ_Fraud_Section_Issues_Revised_Corporate_Compliance_Guidelines.pdf

DOJ Fraud Section Issues Revised Corporate Compliance Guidelines

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