OEMs must also have their compliance groups be on the lookout for other federal policities that could affect their compliance programs. For example, compliance groups should expect the changes currently under consideration by the U.S. Sentencing Commission to the Organizational Guidelines to affect compliance programs. The proposed changes will affect a range of issues, including the following:

■    The responsiveness of an organization when criminal conduct is detected.
■    Remediation of harm.
■    The obligations of high-level personnel regarding matters such as document retention policies “to meet the goals of an effective compliance program…”

Organizations also would be expected to “assess [their] compliance and ethics program and make modifications necessary to ensure the program is more effective” to prevent future misconduct. These changes could have a significant effect on corporate compliance programs and would likely lead to revision of the OIG’s 2003 compliance program guidance.

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