Analyzing the DOJ’s New Evaluation of Corporate Compliance Programs

In perhaps one of the biggest recent steps toward increased clarity, the DOJ released significant revisions to its Evaluation of Corporate Compliance Programs (ECCP). The original version was released quietly in 2017 with no official announcement, little commentary and DOJ prosecutors often making a point of saying that it was not official guidance. The new version changes all that, appearing now on DOJ letterhead and expressly labeled as a “Guidance Document” with significantly more structure and commentary. We spoke to former Fraud Section prosecutors to hear their take on the new guidance. This first article looks at the new structure, as well as the fact that the guidance is now aimed at prosecutors. A companion article will look at some of the commentary included in the new guidance. For a side-by-side comparison of how the questions prosecutors should ask have changed, click here. See “Updates to the Corporate Enforcement Policy Attempt to Address Company Concerns” (Apr. 3, 2019).

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