Compliance continues to be an important aspect of settlements in corporate prosecutions. In a recent article, “Testing Compliance,” Greg Mitchell and I argue that neither companies, but particularly not government regulators and enforcers, should treat compliance as “hope-based,” where they ask whether it seems well-intentioned or likely to comply with best practices. Instead, they should empirically test compliance to find out whether it in fact works. It is understandable that companies do not generate self-critical testing data, when government does not require it. But it is most troubling of all that governments have not incentivized generation of information about what actually works.
Tag Archives: Brandon Garrett
UVA Corporate Crime Registry
by Brandon Garrett
Monday, the University of Virginia School of Law launched a newly revamped registry containing documents and data related to federal corporate prosecutions. The database, called the Corporate Prosecution Registry, allows researchers to view more than 3,000 decision documents, many of them previously hard to find or once shielded from the public eye, while also allowing them to better search specific subject matter and look at overall trends. Continue reading