Given DOJ’s continued focus on individual accountability, the new policies will expand DOJ’s evaluation of a company’s compliance program to include corporate compensation systems and the incentives created. In particular, DOJ will assess whether a company uses metrics to reward compliance-promoting behavior as well as clawbacks to deter and punish individuals who engage in corporate misconduct, suggesting that clawbacks appropriately shift the financial burden of misconduct away from shareholders and toward the individuals responsible. DOJ’s Criminal Division has been directed to issue further guidance by the end of the year specifically on how prosecutors should reward companies that adopt compensation incentives and penalties that promote compliance. READ MORE