In early February 2017, the Fraud Section of the Department of Justice (“DOJ”) Criminal Division issued an eight page paper on how DOJ evaluates corporate compliance programs. Those programs are one of the factors used by DOJ in conducting investigations of corporations, determining whether to bring charges and negotiating pleas and other agreements. Although DOJ does not use any rigid formula to assess the effectiveness of corporate compliance programs the DOJ asks common questions that are used in making each individualized determinations. Those questions are summarized in this blog, and repeat many of the topics in the following publications: United States Attorney’s Manual (“USAM”) United States Sentencing Guidelines (“USSG”) Fraud Section corporate resolution agreements A Resource Guide to the U.S. Foreign Corrupt Practices Act (“FCPA … Continue reading
By Jayna Marie Rust If you have not updated your ethics and compliance program since November 18, 2016, dust it off and take a good look at it. November 18 was the day the U.S. Office of Government Ethics (“OGE”) issued a final rule that revised portions of the Standards of Ethical Conduct for Executive Branch Employees found at 5 C.F.R. 2635. The revisions modified and clarified the standards regarding Gifts from Outside Sources (“Standards”), which prohibit Executive Branch employees from soliciting and accepting gifts from “prohibited sources” as well as gifts given because of a Government employee’s official position. Because Government contractors and other regulated companies are almost always “prohibited sources,” they should become familiar with the changes, which took effect on January 1. … Continue reading
Understanding the difference between right and wrong isn’t always as easy as you may think. In the Federal Contracting industry, there are important ethical distinctions that can create confusion if you don’t know where to look. Join Fred Geldon, a PCI Director and Faculty, as he explains the importance of ethics in Government Contracting and how to minimize the confusion.