> ## Content Index
> Fetch the complete content index at: https://www.fdaweb.com/llms.txt
> Use this file to discover other available public pages before exploring further.

# DoJ Reiterates Compliance Evaluation Factors
- URL: https://www.fdaweb.com/doj-reiterates-compliance-evaluation-factors/
- Published: 2019-05-29T12:00:00.000Z
- Updated: 2026-09-15T01:29:25.000Z
- Author: David McFarland
- Tags: Drugs, Devices, #legacy-id-D5144209

A recent updated Justice Department guidance intended to help department prosecutors evaluate corporate compliance programs in the context of investigations of business entities confirms that three fundamental issues are relevant to any such evaluation. Attorneys **Gregory Brower** and **Stanley Garnett** (Brownstein Hyatt Farber Schreck) write in a Washington Legal Foundation *Legal Pulse* blog [post](https://www.wlf.org/2019/05/24/wlf-legal-pulse/blog-justice-department-updates-guidance-on-evaluation-of-corporate-compliance-programs/?ref=fdaweb.com) that the factors are the program’s design, implementation, and effectiveness.

“The new guidance … clearly emphasizes the importance of effective compliance in the context of the department’s consideration of corporate culpability, while reaffirming that DoJ does not use any rigid formula when assessing the effectiveness of such programs,” the two write. “The guidance acknowledges that compliance programs must be evaluated in the specific context of the relevant criminal investigation, requiring an individual determination in each case.”

They say the guidance should remind corporate officers and directors of the importance the department places on compliance efforts when evaluating whether to charge, not charge, or otherwise agree to a deferred prosecution agreement or non-prosecution agreement. “Companies of all types and sizes,” they conclude, “are well-advised to take compliance seriously.”