évaluation, company, compliance, compliance program, corporate, COSO, COSO ERM, documents, DOJ, ERM, FCPA, guidance, policies, practitioner, procédures, regulators, risk-management, technology, third-party, training, valuable
This episode – Everything Compliance-Episode 8, DoJ Evaluation of Corporate Compliance Programs, Part I – YouTube : https://youtu.be/np4hJ-mCmSg – is dedicated to the Justice Department’s Evaluation of Corporate Compliance Programs, which was released in February. In this episode, Matt Kelly and Mike Volkov provide next insight. Next week will be views from Jay Rosen and Jonathan Armstrong.
- Matt Kelly opens by considering the Evaluation as a continuation in a series of pronouncements around ‘operationalizing’ your compliance program. He discusses whether this approach consistent or different with the regulatory requirements of SEC FCPA enforcement and how would this document intersect with SEC ‘regulatory enforcement’ of the FCPA? Finally, he considers whether the Evaluation ties in at all to a control environment under either the COSO 2013 Framework or COSO ERM framework.
For Matt Kelly’s posts see the following:
- Mike Volkov discusses why the Evaluation was issued literally in the dead of night and why would the DOJ issue such a significant document with no publicity. He discusses how this might play out during an ongoing FCPA investigation with outside counsel’s interactions with the DOJ and under the Yates Memo. He considers whether the Evaluation draw anything from the Yates Memo or are they really apples and oranges and whether the Evaluation build upon the 2012 FCPA Guidance or does it supplement it.
For Mike Volkov’s posts on the Evaluation see the following:
For Tom Fox’s posts on these topics see the following:
For Jay Rosen’s post see, Still in the Enforcement Business and Evaluation of Corporate Compliance Programs