The Justice Department's hop onto the AI bandwagon seemed inevitable with the technology's constant buzz in the news, and alas, executives responsible for corporate compliance programs must take heed. For companies facing criminal allegations, a robust compliance program can mean the difference between an indictment and a declination. In the September 2024 update to its published guidance for the Evaluation of Corporate Compliance Programs (ECCP), the DOJ cautioned corporations to mitigate the risks of emerging technologies, such as artificial intelligence (AI), while simultaneously urging them to utilize the capabilities of those technologies in their compliance programs. The DOJ advised companies to implement processes for identifying and managing emerging technological risks; provide technological resources, such as data analytics tools, to compliance teams to maximize their efficiency and effectiveness; and closely oversee new technologies, which may be capable of causing unethical or unlawful behavior. As Deputy Attorney General Lisa Monaco remarked, the DOJ is "laser-focused on what may well be the most transformational technology we've confronted yet: artificial intelligence." Companies, C-Suites, and their legal and compliance advisers are well advised to be similarly attentive.

Why Do Corporate Compliance Programs Matter?

The holy grail of corporate compliance programs is to prevent all corporate misconduct, a quest well recognized to be unattainable. When wrongdoing inevitably occurs, the better the compliance program, the better the outcome for the corporation enmeshed in a criminal investigation or prosecution.