Clawbacks Archives - Corruption, Crime & Compliance

7 Aug, 2023

Episode 284 — How to Implement a Compliance Compensation System

The Justice Department’s recent revisions to its Corporate Enforcement Program and its Evaluation of Corporate Compliance Programs stressed the importance of compensations systems and consequence management. The theoretical underpinning of DOJ’s expanded focus is to increase the consequences to individuals who engage in misconduct or supervisors who turn a blind eye to misconduct. Individuals already face potential criminal prosecution for engaging in misconduct but the...

General

20 Mar, 2023

DOJ’s Criminal Division Issues Three-Year Pilot Program for Corporate Compensation Systems and Clawbacks (Part II of III)

The Justice Department is focusing with a laser beam on corporate incentives and disincentives. This truly is a remarkable initiative and companies should undertake their own holistic review of internal incentives and disincentives. For years, we have heard about corporate incentives to achieve earnings and how sales rewards can unintentionally distort compliance. As an important step, DOJ’s Criminal Division recently issued its new, three-year Pilot...

General

15 Feb, 2023

DOJ Begins Implementation of Compliance Compensation Requirements

The Justice Department has taken steps to implement its new compliance compensation requirement announced in its Corporate Enforcement Policy revisions. With little fanfare, the Danske Bank $2 billion settlement with the Justice Department include an additional provision in its settlement papers outlining the new requirement. DOJ’s settlement papers include standard provisions that have grown through the years. Schedule C has set forth DOJ requirements for...

Events

26 Sep, 2022

Webinar: DOJ’s New Corporate Enforcement Policy — Taking Compliance to the Next Level

Webinar: DOJ’s New Corporate Enforcement Policy — Taking Complaince to the Next Level October 25, 2022 12 Noon EST SIGN UP HERE The Biden Department of Justice promised a tough, new approach to white collar enforcement. In a series of steps, the Justice Department has set out a new and comprehensive approach to corporate criminal enforcement with a direct and immediate impact across the Justice...