In its Evaluation of Corporate Compliance Programs, released in 2017, the Justice Department raised several issues around chief compliance officer independence and authority. While the agency’s stated position is that it does not concern itself with whether the CCO reports to the general counsel or reports independently, it is concerned about whether the CCO has the voice to go to the chief executive officer or board of directors directly, without going through the GC first. Even if the answer were yes, the Justice Department would want to know if the CCO has ever exercised that right.
