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ARTICLE · 05 APRIL 2023

Practitioners Predict Uncertain Future For DOJ's Clawback Program

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On March 23, 2023, top DOJ officials joined white collar lawyers, in-house counsel, and academics at the Global Investigations Review (GIR) Live spring conference in Washington...

United StatesCriminal Law
Kirby Mayo
Kirby Mayo
Amy Jeffress
Amy Jeffress
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On March 23, 2023, top DOJ officials joined white collar lawyers, in-house counsel, and academics at the Global Investigations Review (GIR) Live spring conference in Washington, DC to discuss some of DOJ's latest policy announcements.

The day's discussions shed light on DOJ's approach to individual accountability in investigations of corporate crime, the factors DOJ considers when deciding whether to define a corporate wrongdoer as a recidivist, and the department's recommendations for engaging with compliance monitors.

A large portion of the day was devoted to DOJ's newly announced Pilot Program on Compensation Incentives and Clawbacks (the Pilot Program).

As our colleagues reported earlier this month, the Pilot Program is designed to encourage corporations to incentivize compliance by tying executives' and employees' compensation to compliance and encouraging corporations to claw back money from culpable individuals. DOJ's Criminal Division also revised its E

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