DOJ asks, ‘Can you show your compliance and anti-fraud program actually works?’

The Evaluation of Corporate Compliance Programs, originally published in April 2019 and updated in June, is the U.S. Department of Justice’s (DOJ) leading guidance on how its prosecutors evaluate the design, deployment and effectiveness of companies’ compliance programs.

Many elements in the DOJ guidance echo the COSO/ACFE Fraud Risk Management Guide. However, the DOJ document is also a handbook for prosecutors when they’re deciding on whether to charge companies with violations of laws. The guidance also helps them develop sentencing recommendations or assign corporate compliance obligations, such as naming independent monitors to oversee improvements of compliance programs. This guidance document gives you a unique look into how DOJ prosecutors could view and evaluate your organization’s compliance program.