On April 30, 2019, Assistant Attorney General Brian Benczkowski announced an updated version of the Evaluation of Corporate Compliance Programs (the “Updated Guidance”). This Updated Guidance supersedes a document of the same name that the Fraud Section of DOJ’s Criminal Division published online in February 2017 without any formal announcement (the “2017 Guidance”). Although not breaking much new ground, we believe the Updated Guidance can serve as a valuable resource for those grappling with how best to design, implement, and monitor an effective corporate compliance program.
In contrast to the 2017 Guidance—which listed dozens of questions to consider in evaluating a compliance program without providing much context—the Updated Guidance employs a more holistic approach. It focuses on three fundamental questions drawn from the Justice Manual:
Is the corporation’s compliance program well designed?
The beginning of the year allows us to look back at recent developments in the white collar front involving Brazil and the United States, and prompts us to consider what to expect going forward, especially in light of the election of President Jair Bolsonaro and the appointment of former judge Sergio Moro as Minister of Justice.
Lava Jato, Carne Fraca, and Zelotes are among the Brazilian anti-corruption operations that have echoed in the United States over the last few years. Intensified cooperation between authorities in the two countries has fueled countless investigations, settlements, convictions, and related civil litigation. U.S. criminal enforcement also has reverberated in Brazil, with the FIFA prosecutions being perhaps the most headline-making example. Continue reading →