USA Trends and Developments Contributed by: Steve Spiegelhalter and Bridget Johnson, Alvarez & Marsal
enhancements are new and have not been fully implemented or tested.” Even the DOJ’s post-resolution self-reporting periods have become more rigorous and com - pliance-focused. Companies that resolve with the DOJ’s Fraud Section, for instance, must now create workplans, test and review their compli - ance programmes, and report to the DOJ on progress for a period of years – akin to a moni - torship but carried out internally. These now- common requirements signal the DOJ’s con - certed focus on compliance and its belief that a financial penalty alone can be insufficient to prevent future misconduct; a dynamic, sustain - able, and tested compliance programme is the best measure of prevention. Conclusion The Biden administration has made corruption a policy and enforcement priority, a focus that has been evident throughout the past four years. In the past year alone, the government introduced fresh compliance guidance to address evolving risks and technologies, codified new incentives to encourage whistle-blowing and promote vol - untary self-disclosure, and considered compli - ance as both a factor in deciding the severity of
penalties and a requirement to comply with the agreement. While there has not been a marked uptick in enforcement actions, it is possible that the impact of these new policies – particularly those meant to boost reporting – could take sev - eral years to show themselves in data. With the Trump administration poised to return to office in January 2025, shifts in policy posi - tions and messaging are expected, including potentially a reversion to reducing the imposi - tion of independent corporate compliance moni - tors. Nevertheless, given the considerable delay between most criminal conduct and the govern - ment’s resolution of charges, corporate compli - ance failings over the next four years are likely to come to the attention of prosecutors after the Trump administration has come and gone. The DOJ’s compliance focus – which has now sur - vived several presidents – is likely to persist. Irrespective of who occupies the White House, global risks and domestic pressures will continue to shape anti-corruption efforts. Businesses and individuals alike should therefore stay vigilant, adapt to shifting regulations, and anticipate the potential for policy changes that could impact compliance strategies.
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