Can Compliance Negate Intent? The Case for Continuously Customizing Compliance Programs

Attorneys at Troutman Pepper Hamilton Sanders note that while compliance programs are traditionally thought of in terms of their defensive value – as a basis for cooperation credit or a mitigating factor in a damages analysis – DOJ’s updated “Evaluation of Corporate Compliance Programs” guidance reminds us that prosecutors are also instructed to consider the adequacy and effectiveness of a company’s compliance program in determining whether to even bring charges.