Everything Compliance-Episode 8

This episode 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.   

1. 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:

            Fresh FCPA Guidance from the Justice Department; and

            Deeper Dive into new DoJ Compliance Guidance

2. 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:

            Under the Dark of Night, DOJ Moves the Compliance Ball;

            DOJ’s Compliance Program Evaluation: the Role of the CCO;

            DOJ’s Compliance Program Evaluation: Risk Assessment, Policies and       Procedures and Third-Party Risk Management; and

            DOJ Compliance Expectations Concerning Training, Internal Investigations and     Audits 

For Tom Fox’s posts on these topics see the following:

            New DOJ Evaluation-Valuable Document for the Compliance Practitioner,             Part I; and

            New DOJ Evaluation-Valuable Document for the Compliance Practitioner,

            Part II

For Jay Rosen’s post see, Still in the Enforcement Business and Evaluation of Corporate Compliance Programs 

The members of the Everything Compliance panel include:

• Jay Rosen – Vice President of Business Development and Monitoring Specialist at Affiliated Monitors. Rosen can be reached at [e-mail].
• Mike Volkov – One of the top FCPA commentators and practitioners around, Volkov is the Founder and Chief Executive Officer of The Volkov Law Group, LLC. Volkov can be reached at [e-mail].
• Matt Kelly – Founder and CEO of Radical Compliance and former Editor of Compliance Week. Kelly can be reached at [e-mail].
• Jonathan Armstrong – Rounding out this distinguished panel is our UK colleague, a lawyer with Cordery Compliance in London. Armstrong can be reached at [e-mail].