The First Step to Progress Is Admitting You May Have a Problem

By Matthew Richardson

DOJ has engaged a “compliance counsel” to provide insight and guidance to prosecutors when assessing the compliance programs of companies that are, or have been, under investigation. Keen observers are aware that DOJ has been prosecuting actors for years without such guidance. Those already opinionated on the subject will find all the confirmation they could want for the allegation that DOJ never really understood compliance programs to begin with, though advocates will surely maintain that DOJ’s existing competence on the subject will only become that much greater.