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Kathryn Cameron Atkinson Comments on DOJ Guidance for Evaluating Compliance Programs in GIR Just Anti-Corruption

Subtitle
"DOJ Quietly Releases Compliance Guidance, But Stops Short of Offering Concrete Benchmarks"

Global Investigations Review

Kathryn Cameron Atkinson commented on questions released by the Department of Justice (DOJ) that may be used to evaluate the strength of compliance programs. Atkinson said the DOJ's questions are consistent with public remarks made by Hui Chen, a compliance consultant hired by the DOJ Fraud Section, emphasizing the importance of continually monitoring and improving a compliance program. "The questions are very focused on how the program lives and breathes," she said, adding that they also highlight the need for a company and its counsel to focus on the root cause of a violation from the start of an investigation. "Remediation often comes a little too late in the game," she said. "This drives the conversation back to, 'Why did this happen and what do we need to fix about the program?'"