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Stradling

Publications & Interviews

Law360
May 2019

John Cannon, chair of Stradling's Securities Litigation and Enforcement practice group, was quoted in an article published on May 1st by Law360, “DOJ Sheds New Light on Corporate Compliance Evaluation.” The U.S. Department of Justice recently released an 18-page guidance document that details how prosecutors examine compliance programs when deciding whether to monitor, fine or file criminal charges against a company. The document, considered by some as the most comprehensive guidance document the government has ever published regarding corporate compliance since establishing them in criminal sentencing guidelines three decades ago, not only includes the government’s view of corporate compliance programs, but also includes the views of major federal agencies. Cannon stated that the DOJ’s message “reflected what the compliance community has been preaching for years: compliance has to be implemented as a whole package, not just words on a piece of paper, and prosecutors will be able to tell the difference.” The DOJ is interested in how a company’s compliance department works to determine if the department is independent and whether or not the company listens to it. Cannon claims that actually implementing a policy is the hard part; “making sure it’s being followed, making sure people are aware of it and making sure it’s a priority – that’s the ice under the iceberg.” Read the full article below. (subscription required)