An article in the November issue of Compliance Today from WilmerHale focuses on several recent DoJ guidance documents that provide companies with increased transparency in corporate enforcement actions. These include DoJ guidance on cooperation credit in FCA investigations. Another guidance document examines how a prosecutor can evaluate claims that a corporation is unable to pay a proposed fine or monetary penalty. A third describes the attributes of an effective compliance programme, and a fourth details the circumstances in which, as a part of a resolution, DoJ may require a corporate monitor. It says that the policies should serve as guideposts for companies to gauge the DoJ expectations on compliance, analyse strategic decisions, and conform their conduct to appropriate standards. It says that this guidance, including the commentary on cooperation credit, effective compliance programmes, and the use of monitorships, will help companies ensure that they appropriately detect and respond to risks of misconduct. Ideally, effective compliance programmes will afford a strong defence against any governmental inquiry or enforcement actions.
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