On June 1, 2020, the Criminal Division of the U.S. Department of
Justice ("DOJ" or "the Department") released
revisions to its guidance regarding the Evaluation of Corporate
Compliance Programs ("the Guidance"), which the
Department uses in assessing the "adequacy and
effectiveness" of a company's compliance program in
connection with any decision to charge or resolve a criminal
investigation, including whether to impose a monitor or other
compliance program obligations.1
The Guidance, which was first released in 2017 and subsequently
revised in April 2019, provides valuable insight into the DOJ's
current priorities as well as a useful benchmark for companies in
assessing their own compliance programs. In a statement regarding
these most recent changes, Assistant Attorney General Brian
Benczkowski expressed that they "reflect[] additions based on
our own experience and important feedback from the business and
compliance communities."2
