The Justice Department’s new compliance guidelines give companies a clearer sense of what prosecutors expect from compliance departments, experts say
Assistant Attorney General Brian A. Benczkowski, shown in November, said the Justice Department makes an individualized determination in each case. Photo: Jose Luis Magana/Associated Press By Kristin Broughton May 1, 2019 4:38 p.m. ET
For compliance officers and general counsel’s offices, the new guidance provides more clarity about the department’s priorities and could help them advocate internally for their budgets and priorities, said Nathaniel Edmonds, a lawyer at Paul Hastings LLP who previously served as assistant chief of the Foreign Corrupt Practices Act unit at the Justice Department.
It also directs prosecutors to evaluate compensation incentives, and whether a company has oversight of third-party relationships, such as audit rights to scrutinize vendors. The guidelines overlook one of the most critical questions in evaluating a company’s compliance program, said Gerry Zack, chief executive of the Society of Corporate Compliance and Ethics, a professional association. Prosecutors should ask how companies have designed controls based on the risks they have identified, Mr. Zack said.
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