This prior post highlighted the recent revisions to the DOJ’s “Evaluation of Corporate Compliance Programs” (ECCP) guidance document. This post provides the big picture.
For starters, there is nothing per se “wrong” with the ECCP or its revisions. In fact, the ECCP is a nicely written and organized document. Substantively however, the revised ECCP uses the word “effective” or “effectively” 54 times (the original version used the word “effective” or “effectively” 51 times). However, there is no legal requirement that business organizations have “effective” compliance programs. Moreover, the revised ECCP (just like the original ECCP) is little more than a document full of questions. (Precisely, the revised ECCP contains 168 questions whereas the original ECCP contained 151 questions).
Big picture, the revised ECCP uses the word “effective” or “effectively” 3 more times than the original ECCP and the revised ECCP has 17 more questions than the original ECCP.