incentives Archives - Corruption, Crime & Compliance

3 Apr, 2024

Carrots and Sticks: DOJ’s Push to Incentivize Voluntary Disclosure of Corporate Misconduct (Part II of II)

DOJ has been on a public relations campaign to push a simple message for corporations: if companies learn of misconduct, companies should disclose such misconduct to earn valuable benefits. The quintessential question remains — should companies disclose misconduct to the Department of Justice or should the company remediate the misconduct and maintain its silence? DOJ’s campaign is intended to push companies to reconsider this balance...

Podcasts

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...

Podcasts

20 Feb, 2023

Episode 262: DOJ’s Compliance Frontier:Incentives and Disincentives

The Justice Department did not just willy-nilly announce its embrace of clawbacks and deferred payment compensation punishment as a remediation tool for companies that suffer an enforcement action and settlement. To the contrary, DOJ has been examining this issue, even citing it in important policy spheres and enforcement actions, as an important tool in its arsenal. Both the DOJ and the SEC have been weighing...

General

12 Jan, 2016

The Antitrust Leniency Model and FCPA Enforcement

I am always wary of simplistic policy proposals – often the simple idea to apply one policy to another subject matter, just does not work. Instead, policy debate will turn to the simple idea and how it can easily be applied in other circumstances. Not to get too cute, but the inquiry requires deciding on which idiom to apply: Is this a situation where: “If...