Clifford Chance
CEOs And CCOs May Be Required To Certify That A Compliance Program Is Effective Following A DOJ Resolution
April 5, 2022
On March 25, 2022, Assistant Attorney General Kenneth A. Polite Jr. delivered remarks on corporate compliance and enforcement at NYU Law. He reiterated several points that have been made previously by his predecessors, but also referenced a new requirement that will directly impact the Chief Executive and Chief Compliance Officers of companies settling cases with the U.S. Department of Justice.
Polite expounded on DOJ's June 2020 Evaluation of Corporate Compliance Programs, providing details of how DOJ will assess the effectiveness of a company's program. But Polite also announced that his team will consider requiring Chief Executive Officer and Chief Compliance Officer certifications of compliance programs in the resolution of certain enforcement scenarios. He gave the same warning a few days earlier at the ACAMS 2022 Hollywood Conference.
