Tag Archives: Jessica A. Martinez

The Latest Step in DOJ’s Compliance Mission: Takeaways from the Updated Guidance on Evaluating Corporate Compliance Programs

by Anthony S. Barkow, David Bitkower, Erin R. Schrantz, Keisha N. Stanford, Jessica A. Martinez, Manuel C. Possolo

On Monday, June 1, 2020, the Department of Justice (DOJ) Criminal Division released updated guidance regarding the “Evaluation of Corporate Compliance Programs (PDF: 209 KB).”  Now in its third iteration, this guidance replaces the April 2019 version (PDF: 179 KB), which originated from a set of 2017 guidelines from the Fraud Section.  The updated guidance, like prior iterations, seeks to make corporations aware of the criteria DOJ uses when evaluating compliance programs in making enforcement decisions.  In the latest version, DOJ maintains the existing structure and much of the prior content, but makes targeted changes.

The new revisions are part of a continuing trend at DOJ to more holistically assess corporate compliance programs beyond the specific issue that brought the company to the Department’s attention, jettisoning the more tailored approach of the original 2017 guidance.  In addition, the revisions amplify certain themes in DOJ’s compliance review criteria:  (1) whether a company has demonstrable processes to continuously improve its compliance program; (2) the extent to which available data is mined and analyzed to evaluate the company’s compliance efforts; and (3) how compliance is embedded in the day-to-day operations of the business and viewed by rank-and-file employees. Continue reading →

What’s in a Name? That Which We Now Call the Justice Manual Has a Familiar, But Distinctive, Scent

by Katya Jestin, David Bitkower, Matthew D. Cipolla, Anne Cortina Perry, and Jessica A. Martinez

On September 25, 2018, Deputy Attorney General Rod Rosenstein announced the rollout of the “Justice Manual” – a revised and renamed version of the U.S. Attorneys’ Manual, a long-used reference for Department of Justice (DOJ) policies and procedures.[1] The most significant changes appear to be confined to anticipated codifications of well-publicized new policies (although one such policy was, puzzlingly, omitted). But some other changes have not been previously addressed by Department leadership, and may provide insight into the Department’s mindset in light of recent events.

The recent rollout was the culmination of a yearlong review and overhaul of the Manual, the first in more than 20 years.[2] This initiative to streamline DOJ policies and revamp the U.S. Attorneys’ Manual was announced by Deputy AG Rosenstein last October in a speech at NYU. Rosenstein explained in his initial announcement that the project would work to identify redundancies, clarify ambiguities, eliminate surplus language, and update the Manual to reflect current law and DOJ practice, including through the incorporation of outstanding policy memoranda.[3] According to DOJ’s recent announcement, the name change from “U.S. Attorneys’ Manual” to “Justice Manual” not only reflects this significant undertaking by DOJ employees, but also emphasizes the applicability of the Manual to the entire Department, beyond the U.S. Attorneys’ Offices.[4] Continue reading →