What has the Justice Department compliance counsel, Hui Chen, brought to the table for the compliance professional? The Man From FCPA considered that question when reviewing the very public pronouncements of Assistant Attorney General Leslie Caldwell and the information available in the Justice Department’s FCPA Pilot Program around remediation.
Some of the areas Caldwell had touched upon include the following: A compliance program should be industry-specific and metrics-oriented corporate compliance programs tailored to your business. You must not only train on their compliance programs but also continually communicate the philosophy of doing compliance up and down through the organization. You must demonstrate evidence that there is more than simple appropriate tone at the top, it is a tone that must be communicated throughout the company. Transaction monitoring is becoming a standard practice in compliance. Finally, all of this must be Documented, Documented, and then Documented because if you cannot prove to the DOJ you have done all of the above, they will assume you have not done so.
