On March 3, 2023, as part of the rollout of several updates to its guidance on corporate compliance programs, the Department of Justice (DOJ) released a new policy aimed at incentivizing compliance-driven compensation and bonus plans as part of its enduring priority of combating corporate crime. The DOJ described the policy as part of its continued efforts to prevent misconduct before it happens, hold individual wrongdoers accountable, and deter and punish recidivism. As part of the new policy, the DOJ has launched the first-ever Pilot Program Regarding Compensation Incentives and Clawbacks. The three-year Pilot Program consists of two parts. First, the DOJ Criminal Division will require that every corporate resolution include a requirement that the company develop compliance-promoting criteria within its compensation and bonus systems. Second, the Pilot Program will provide for fine reductions to companies that seek to claw back corporate compensation from wrongdoers. READ MORE