If you’re interested in effective corporate compliance programs and how they may be evaluated in an investigation, read the recent U.S. Department of Justice Criminal Division, Fraud Section document, “Evaluation of Corporate Compliance Programs.”
When conducting an investigation, my clients often ask for a formula for an effective compliance program. My answer has always been “it depends,” and it does!
It depends on each individual company’s risk profile and what solutions would be most effective in its particular situation. However, that doesn’t mean there aren’t some common questions that may be asked in determining any corporation’s compliance program effectiveness. The DOJ publication includes those common questions and provides some important topics and sample questions the Fraud Section has frequently found relevant in evaluating a corporate compliance program.