Can Compliance Certifications Empower CCOs?

Should chief executive officers and chief compliance officers be required to certify that a company’s compliance program is working as intended at the end of a corporate resolution? That is the question Assistant Attorney General Kenneth Polite has put to the prosecutors in the DOJ’s Criminal Division. In two recent speeches he floated the idea as a way to empower compliance officers and ensure that they have access to data and other resources. We investigate whether this is an achievable goal and whether there might be unintended consequences of such a requirement. For more on recent policy developments, see our four-part series on the Monaco Memo: “A Roll Back on Individuals and Cooperation” (Jan. 19, 2022); “A Shift in the Monitorship Cost/Benefit Analysis” (Feb. 2, 2022); “Considering All Prior Misconduct” (Feb. 16, 2022); and “The Corporate Crime Advisory Group” (Mar. 2, 2022).

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