- FCPA Professor - https://fcpaprofessor.com -

Survey Says

Recently, Ethics and Compliance Initiative (ECI) released this survey [1] titled “Corporate Compliance Programs and U.S. Department of Justice Enforcement Policies.”

As stated by ECI, the survey “was designed to obtain ethics & compliance leaders’ opinions about the DOJ’s enforcement guidelines and their intersection with corporate compliance programs.”

According to ECI, the “survey was conducted online, accessible through: unique invitation links sent to qualifying individuals; and an anonymous link posted on ECI’s and partner organizations’ platforms and websites.” Data collection took place May through June 2021 and participates included: 248 chief ethics & compliance officers (CECOs), chief compliance officers (CCOs) and chief ethics officers (CEOs) or their equivalents.”

A few data points that caught my eye.


















One goal that the DOJ frequently cites in issuing guidance is to provide the business community with greater clarity and transparency regarding DOJ decision making.

Based on the above survey response, it appears that the DOJ’s goals are not being met.

Another goal that the DOJ frequently cites in issuing guidance is to incentivize compliance.

However, according to the survey responses:

















Separately, Kroll recenty released this [2] summary report titled “New Trends Identified – 2021 Anti-Bribery and Corruption Benchmarking Report.”

In it, Kroll “analyzed global data from 200 senior risk professionals in January and August 2021 to gain insights into the current anti-bribery and corruption (ABC) landscape, measure how sentiment has changed and identify trends for the upcoming year.”

According to the report, “concerns regarding risks remained consistent from the first half of the year, but confidence in effectiveness of ABC programs has decreased” as only 39% of respondents said their “compliance program is very effective” compared to 51% in the first half of the year.

Regarding third parties, the following finding “Education of Third Parties on Anti-Bribery and Corruption” caught my eye.