Daniel Levin’s Post

DOJ Evaluation Updates/Pilot Programs The DOJ Criminal Division announces several updates to programs and policies “to prevent and deter corporate crime by incentivizing corporations to invest in robust compliance programs and report misconduct.” Key updates are highlighted below. - Evaluation of Corporate Compliance Programs (ECCP). The Criminal Division has updated the ECCP to address several emerging risks, incl.: - Tech and AI Risk Mngt: The ECCP contains new guidelines for evaluating how companies manage risks associated with disruptive technologies, particularly AI, in both their business and compliance programs. This includes an emphasis on whether companies have: - Conducted a risk assessment on the technology they use to conduct business and whether they have taken steps to mitigate the identified risks. - Implemented monitoring and testing procedures to evaluate whether the technology is functioning as intended and consistent with the code of conduct. - Whistleblower Protections: Questions have been added to the ECCP to evaluate companies’ policies and training as well as treatment of whistleblowers, including whether companies: - Demonstrate a commitment to whistleblower protection and anti-retaliation through the existence and enforcement of anti-retaliation policies. - Have effective channels for reporting misconduct, including testing for employee awareness and use of those channels. - Encourage and incentivize reporting of potential misconduct and ensure that employees feel safe to report concerns without fear of retaliation. - Data Access for Compliance Functions: The updated ECCP also assesses whether compliance programs have appropriate access to data, including questions that consider whether: - Compliance personnel have direct or indirect access to relevant sources of data to allow for timely and effective monitoring and/or testing of policies, controls, or transactions. - The assets, resources, and technology available to compliance and risk mngt compare to those available elsewhere in the company. DOJ notes that it has also expanded its expectation that companies learn from instances of misconduct, both their own and that of others, to continuously improve their compliance programs. Revisions to corporate compliance programs in light of lessons learned are considered an indicator of risk-tailoring. - Compensation Incentives and Clawbacks Pilot Program. The program, announced in March 2023. - Corporate Whistleblower Awards Pilot Program (CWA). The three-year pilot program, announced in August 2024. see more: https://lnkd.in/dibMZuSK Carolina Paulino Fernanda Flores David Kerry Dino Almeida Ricardo Santana, Leader of Lighthouse for Analytics, RPA and AI Diogo Dias Julio Borges de Carvalho Rafael Weksler Sheila De Lima Valdevino Gregory Feltrim Aline Freitas Martins Carlos Marcelino, PMP, CCEP-I, Msc

Having a safe, secure and reliable reporting system for employees to use will help ensure that wrongdoing is reported while whistleblowers are protected.  #ethics #compliance #fraudprevention #frauddetection #tipsfindfraud #hotline #whistleblower #casemanagement https://lnkd.in/ggUY8pc6

Listening to Principal Deputy Assistant Attorney General, Nicole Argentieri from the Criminal Division of the U.S. Department of Justice kicking off the #SCCE Annual Compliance and Ethics Institute. She made multiple big announcements: The Evaluation of Corporate Compliance Programs guidance (the guidance used by prosecutors to determine culpability of companies in enforcement actions) has been revised to add: A. New expectations around technology and AI use including an assessment of whether the company conducted a specific risk assessment for new technology and developed a mitigation plan to address such risks. B. Formalization of their whistleblower and anti retaliation pilot policy. C. New expectations around the compliance team’s access to data and resources. She specifically asked, “Are you putting the same resources into compliance as you are putting into other parts of the business?” D. She announced that every criminal division resolution will now look at whether the company is using clawbacks and compensation systems to drive compliance. She asked, “Is your compensation aligned not only with business goals but also compliance goals?” She provided as an example the inclusion of annual performance reviews to assess how employees demonstrate the company’s core values. E. Companies will now be awarded a fine reduction that is equal to, dollar for dollar, the compensation they have clawed back or withheld from those found to have engaged in or failed to prevent fraud and other malfeasance. She mentioned the Ablemarle case as an example of a company who received a 45% fine reduction PLUS a dollar for dollar fine reduction for future bonuses they withheld from employees involved in their recent FCPA enforcement matter. F. Seeking to drive additional self-disclosures, companies that self-disclose matters to the U.S. DOJ within 120 days of the day the company received an internal report to their reporting channels will now receive a presumption of declination. A lot of new guidance to digest and operationalize! #ethics #compliance #whistleblowers #cei

New guidance and BENEFITS for a strong Compliance program and Risk Asessment!! Read more about what Principal Deputy Assistant Attorney General Nicole Argentieri shares at the SCCE conference!

Op-Ed: Embracing ethics: a holistic approach to fraud detection and prevention

Technology data and analytics are now at the forefront of compliance improvement, as recognized by most Chief Ethics and Compliance Officers (CCOs). However, there's a divide among Consumer Products and Retail (C&R) organizations on whether to expand or maintain their technology budgets. Stay tuned as we delve into the key areas of spending for C&R CCOs. #Technology #DataAnalytics #Compliance

Technology data and analytics are now at the forefront of compliance improvement, as recognized by most Chief Ethics and Compliance Officers (CCOs). However, there's a divide among Consumer Products and Retail (C&R) organizations on whether to expand or maintain their technology budgets. Stay tuned as we delve into the key areas of spending for C&R CCOs. #Technology #DataAnalytics #Compliance

The majority of Chief Ethics and Compliance Officers (CCOs) acknowledge the critical role of technology data and analytics in enhancing compliance. Yet, Consumer Products and Retail (C&R) organizations are split on their approach to technology budgets. Join us as we explore the primary spending areas for C&R CCOs. #Technology #DataAnalytics #Complianc

The majority of Chief Ethics and Compliance Officers (CCOs) acknowledge the critical role of technology data and analytics in enhancing compliance. Yet, Consumer Products and Retail (C&R) organizations are split on their approach to technology budgets. Join us as we explore the primary spending areas for C&R CCOs. #Technology #DataAnalytics #Complianc

The majority of Chief Ethics and Compliance Officers (CCOs) acknowledge the critical role of technology data and analytics in enhancing compliance. Yet, Consumer Products and Retail (C&R) organizations are split on their approach to technology budgets. Join us as we explore the primary spending areas for C&R CCOs. #Technology #DataAnalytics #Complianc