Should CEOs and CCOs be required to certify that a compliance program is working as intended at the end of a corporate resolution? That is the question Assistant Attorney General Kenneth Polite has put to the prosecutors in the DOJ’s Criminal Division. In two recent speeches, he floated the idea as a way to empower CCOs and ensure that they have access to data and other resources. This article investigates whether doing so is an achievable goal and whether there might be unintended consequences of such a requirement. For more on compliance programs, see our two-part series “Thirteen Questions an Adviser’s Principals Should Ask Compliance”: Part One
(Jan. 13, 2022); and Part Two
(Jan. 20, 2022).