DoJ gets tough on evaluation of corporate compliance

Under the ECCP, she added, “prosecutors will consider the technology that a company and its employees use to conduct business, whether the company has conducted a risk assessment of the use of that technology, and whether the company has taken appropriate steps to mitigate any risk associated with the use of that technology.”

Argentieri said, “we have also updated the ECCP to expand upon an important concept — that companies should be learning lessons, from both the company’s own prior misconduct and from issues at other companies, to update their compliance programs and train employees.”

Further to that, the update states, “this document is meant to assist prosecutors in making informed decisions as to whether, and to what extent, the corporation’s compliance program was effective at the time of the offense … for purposes of determining the appropriate form of any resolution or prosecution; monetary penalty, if any; and compliance obligations contained in any corporate criminal resolution.”