Joe Murphy – Compliance & Ethics Professional – March/April 2013
A Federal Sentencing Guidelines (and elsewhere) is the need to “evaluate periodically the effectiveness of the organization’s compliance and ethics program.” So you know you need to measure your program, but have you thought about how this issue would come up in dealing with the government?
Here is an important point to remember. No government agency or enforcement person will be coming after your company just because the overall program was not effective. Rather, the issue will be the violation of specific laws. If there is a violation of immigration laws, then your program addressing that risk is what matters. If you engaged in foreign bribery, then what matters is your program addressed to bribery. This applies across the board to each area of risk. What did you do to address that specific risk, and was it appropriate based on the nature of the risk involved?
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