Answers to Six Key Questions About How Enforcers View Gatekeepers

The SEC and DOJ often speak about their commitment to holding individuals accountable for corporate wrongdoing. One way in which they uphold this principle is by focusing on company gatekeepers – those with unique access to knowledge who are in the best position to prevent, detect and mitigate issues. A recent program hosted by the Practising Law Institute, entitled “Storming the Gatekeepers: When Compliance Officers and In-House Lawyers Are at Risk 2024,” dove deep into corporate gatekeepers and their possible liability for corporate crime. This article draws insights from two separate panels at the program to answer six fundamental questions about gatekeepers. See “Former SEC Officials Discuss Aggressive Enforcement Climate” (Sep. 14, 2023); and “SEC Order Warns Fund ‘Gatekeepers’ That They Remain a Focus of SEC Scrutiny” (Feb. 8, 2018).

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