María González Calvet, partner and co-chair of the global anti-corruption and international risk practice, addressed the new policies unveiled by the U.S. Department of Justice to promote corporate compliance and crack down on corporate crime in an article for Anti-Corruption Report.
“While the Department’s memorandum does not disclose how the policies will be implemented, they appear to promote individual accountability and voluntary self-disclosure and revise the approach to evaluating historical misconduct, the selection and oversight of compliance monitors, and the efficacy of corporate compliance programs,” María said. She also acknowledged that companies must take necessary evaluative steps to balance when to disclose relevant information as they cooperate with an investigation against their obligation to avoid strategic delay, which could compromise potential benefits of compliance credit and jeopardize credibility.
“Both Deputy Attorney General Lisa Monaco and Principal Associate Deputy Attorney General Marshall Miller have described their approach as one designed to allow corporations and their advisers to make the boardroom business case for the adoption of responsible corporate behavior,” she added.
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