Compliance Under Pressure: The High Stakes, Evolving Compliance Role, and the Future of Individual Accountability, Global Program Expectations and Certification

December 1, 2022 9:15am

Lauren Kootman
Assistant Chief, Fraud Section, Criminal Division
U.S. Department of Justice

Christopher Cestaro
Wilmer Cutler Pickering Hale and Dorr LLP

James Gargas

William Jacobson

William Jacobson
Allen & Overy LLP

Darryl Lew
White & Case LLP

The Administration and enforcement agencies are putting more resources behind the evaluation of corporate compliance programs than ever before. In addition, when the agencies are considering how to resolve a case with a company, they are increasingly asking for interviews with compliance personnel and data on the effectiveness of a compliance program; they are not just looking at whether a company has a strong program on paper.

The enforcement agencies want to see that the compliance personnel are qualified, trusted by the company, and committed to the goals of the compliance program.

Join us in this session as we delve into:

  • Perspectives on the changing expectations for the compliance function
  • Re-assessing individual liability risks for C-Level and other executives
  • What may trigger a DOJ finding that a certified program is not “reasonably designed”-and the consequences
  • The benefits of investing in a meaningful and effective compliance program to limit recidivism
  • Satisfying obligations to report on the status of the compliance program
  • Monitoring and auditing compliance program components, as well as reporting on current or anticipated enhancements
  • Under what circumstances will certifications be required?
  • Will there be leadership team directives on when to apply certification requirements?
  • Possibility of “penalty of perjury” clause that would subject CEOs and CCOs to personal liability if the DOJ disagrees with their conclusion that the program is “reasonable designed”
  • Strengthening detection and prevention of violations of law and company policy
  • Verifying that compliance officers have adequate access to – and engagement with – business functions, management, and the board of directors
  • Continuously testing the effectiveness of your compliance program to determine if it is functioning effectively