Disrupting the supply of corruption
Corporations that interact with government, such as contractors; participants in government-funded programs (Infrastructure Investment and Jobs Act as well as other COVID-19-related funding); and those that want to influence laws, win bids or obtain permits, may offer cash, gifts, contributions, employment or any other compensation in exchange for decisions in their favor. When determining how to design and implement a domestic corruption compliance program, it is imperative to determine when and where your business interacts with government in connection with your business activities.
US corporations operating globally that have implemented programs and training focused on international business need to ensure they are cognizant of the risks in their US domestic operations and develop compliance programs accordingly.
Corporations must pay particular attention to political and charitable contributions, political lobbying, consulting agreements, and employment offers and vendors’ contracts awarded to parties connected to public officials.
Simply having a policy and procedure in place to “check the box” will no longer be sufficient. The Department of Justice will consider whether the corporation’s compliance program is well designed, supported by management and implemented effectively.
“The compliance program should be thought about at the beginning of an investigation, throughout the investigation and at the end of the investigation.” - Christine Wong, Global Co-Chair of Morrison & Foerster’s Litigation Department and a former assistant US attorney.