DOJ Promotes Compliance Through Compensation and Clawback Programs (3.2.2023):
• The DOJ announced corporate criminal resolutions will now include a requirement that companies implement a compensation and bonus scheme that promotes compliance and rewards corporations that attempt to claw back payments to corporate wrongdoers.
• As part of a pilot program, the DOJ will reduce fines for companies that claw back compensation and companies will keep the recovered funds.
• Noting the difficulty of recouping payments, the DOJ stated that it will discount fines for corporations that make a good faith effort to claw back compensation but are ultimately unsuccessful.
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