Corporate Compliance Programs: DOJ Issues Updated Guidance: Ten Takeaways for In-House Legal and Compliance Leaders -

On April 30, 2019, Assistant Attorney General Brian Benczkowski unveiled an update to the Department of Justice’s Evaluation of Corporate Compliance Programs during a speech in Dallas, Texas. In issuing the new document (the “Updated Guidance”), Benczkowski emphasized that “[t]he importance of corporate compliance cannot be overstated. My deputies and I spend a lot of time talking about what companies can do to achieve the best result once the company or the Department learns of misconduct. But a company’s compliance program is the first line of defense that prevents the misconduct from happening in the first place.”

Benczkowski’s comments and the Updated Guidance are the most recent in a long history of DOJ Criminal Division pronouncements stressing importance of corporate compliance programs, both in terms of preventing misconduct and reducing penalties should misconduct occur. While the Updated Guidance does not reveal changes in policy or suggest major developments, it is a significant improvement and offers a helpful window into how DOJ prosecutors will evaluate your company’s compliance program should the need arise.