Describe thethree compliance program design issuesfrom this first section of the Justice Department Memo that are the most important for addressing Multi-Faceted potential future criminal liability issues related to:

• The Sarbanes-Oxley Act, and
• The FCPA

Information:

Assume that you are the head of compliance and risk management at Multi-Faceted, Inc. ("Multi-Faceted"), a Delaware corporation withdiamond, gold, and uranium mining operationsin theUnited States and 19 other countries, spread outover four continents. In order to be able to mine diamond, gold, and uranium,

Multi-Faceted has had to enter into agreementsmining concessionswith the governments of each of these 19 countries.

• Negotiating a mining concession outside of the U.S. is a difficult, often drawn-out process.
• A U.S. company, such as Multi-Faceted, seeking a mining concession must usually compete with myriad other foreign and domestic companies vying for the same concession.
• Mining and other government officials in some countries routinely ask for quid pro quos (aka: side-payments or bribes) in return for their "helping make negotiations go more smoothly" and "helping increase the likelihood of a successful negotiation."

Multi-Faceted is listed on the New York Stock Exchange and is registered with the SEC pursuant to the Securities Exchange Act of 1934.

Multi-Faceted has been subject to two major criminal penalties in the last yearone for violation of the Sarbanes-Oxley Act (the provisions studied in this class) and the second for violation of the Foreign Corrupt Practices Act (FCPA).

file:///home/chronos/u-0882d3e2a3c100eb4a19fdeed29696621ea0b3fa/MyFiles/Downloads/DOJ_Evaluation%20of%20Corpotate%20Compliance%20Programs_Updated%20June%202020.pdf