New Guidance for Compliance Programs in Recent Deferred Prosecution Agreement

July 2011
George J. Terwilliger III, Darryl S. Lew, Daniel Levin

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Highlights

• DOJ imposes "enhanced compliance obligations" that provide new details on elements of corporate compliance programs.
• Important to customize compliance programs to account for industry and market-specific risks.
• Multinational corporations should expect heightened compliance obligations in the event of an enforcement action.

Discussion
Settlement agreements, non-prosecution agreements and deferred prosecution agreements have been primary sources of guidance from the US Department of Justice ("DOJ") on the components of an effective corporate compliance program. While such documents are not legally binding on anyone other than the corporation involved, all corporations can glean important information from these agreements concerning the DOJ's current thinking on compliance matters.

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