Undermining corporate self-policing

Undermining corporate self-policing

Joe Murphy – Compliance & Ethics Professional – November 2016


We all know that the government wants us to have effective compliance and ethics programs. The enforcers, regulators, and courts all want us to join in the fight against corporate crime and to be champions of legal and ethical conduct. This is, after all, the right thing to do. But wait! There is something wrong with this picture. If you look more closely at developments in the legal system, you find that there are dangerous undercurrents that make our jobs harder and create risk for companies trying to do the right thing. There is in fact a conflict in these government policies.

Recently I was asked to write an article for the Rutgers University Law Review on compliance and have taken on this conflict. A draft for comment is available on the Social Science Research Network, here: http://ssrn.com/abstract=2827324. In this column, I can only set out the broad points; the article covers this topic in detail.

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