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back to index backAMERItalk February,  2017


Client Alert: New Administration: Continued Emphasis on Compliance

A New Outlook From The White House? Following eight years of a Democratic President with a career businessman will likely lead to a regulatory climate that is more friendly to business generally.  However, the legal framework that emphasizes corporate compliance will not likely change in the near future.  The United States Sentencing Guidelines still provide that organizations can benefit from a significant reduction in the impact of a criminal prosecution if the offense occurred despite the organization's "effective compliance and ethics program."  U.S.S.G. Section 8B2.1 and Section 8C2.5(f).  Effective ethics and compliance means promoting "an organizational culture that encourages ethical conduct and a commitment to compliance with the law." Further, the U.S. Attorney Manual provisions regarding corporate liability specify consideration of corporate compliance programs in all potential corporate prosecutions. USAM 9-28.800 (Corporate Compliance Programs).

How Do We Respond? For companies, this raises important questions: Are our current policies and practices doing the job? How can we evaluate that? If we need to make changes, what do we need to do, and how should we do it? Ultimately, every company should position itself to show that its compliance program works, with documentation of how the company accomplished that.

Source: Butzel Long - GAI






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