Joe Murphy (jemurphy5730@gmail.com) is a Senior Advisor at Compliance Strategists, SCCE’s Director of Public Policy, and Editor-in-Chief of CEP Magazine.
Every year I participate in some of the leading educational programs in compliance and ethics. Of course, SCCE leads in this with the excellent academies, regional programs, institutes, and special programs. The Practising Law Institute (PLI) also provides training in this area, primarily for lawyers. I have had the good fortune to present as faculty in these programs, and I always learn from them though I have been in this field for more than 40 years.
The attendees are from all walks of life: companies, regulators, universities, NGOs, law firms, accounting firms, etc. The need is great, and those in the field see the value in learning and keeping current. When I’ve done programs outside the US, I’ve talked with attendees from government agencies as well. In Brazil, for example, the SCCE academies were well attended by government employees.
But I have not seen much if any attendance from the U.S. Department of Justice (DOJ) enforcers. I routinely see a speaker from the DOJ, often arriving just in time to speak, answer questions, then leave. We can all be grateful that these representatives participate and share their perspectives, but what about learning the field of compliance and ethics?
At one time, the DOJ’s Criminal Division retained an outside expert to help in this field, but a new administration discontinued this approach. The alternative: Those in the DOJ were to learn about the field so they had the expertise to consider and assess compliance programs. Some of us were skeptical.
I haven’t seen the DOJ’s lawyers in these programs. By contrast, Canada’s Competition Bureau decided it needed to deal more directly with compliance programs, so its staff members now attend SCCE academies and even get certified. But we have not seen this from the DOJ.
I worry that the DOJ does not know how much it does not know. I have been in this field for decades; I chaired the first PLI programs and taught in the first HCCA and SCCE academies. Yet every time I attend the Compliance & Ethics Institute or participate in a program, I am still learning about this field. Compliance and ethics is a big, important subject. There is much to learn. To our colleagues in the DOJ, come join us in this learning journey.