SEC DEFENSE

Compliance Officer Liability Explained

April 1, 2026 1 minutes read By Todd Spodek, Esq.
FREE CASE EVALUATION
Spodek Law Group - NYC Criminal Defense Attorneys

Learn more about Spodek Law Group and how we can help with your case.

Compliance officers serve critical functions in businesses and organizations. While they need operational freedom to perform effectively, they are now being held accountable for failures with both civil and criminal liability.

The U.S. Department of Justice recently charged two individuals for compliance failures in February 2024: a cryptocurrency exchange’s Chief Compliance Officer charged with obstruction of justice and wire fraud, and a healthcare company’s former Chief Compliance Officer charged with conspiracy and wire fraud.

The DOJ’s Focus on Corporate Compliance Officers

The DOJ prioritizes prosecuting compliance officers who breach their duties. Prosecutors consider multiple factors:

  • The compliance officer’s intent: Criminal prosecution typically occurs when officers intentionally facilitate or intentionally ignore violations.
  • The scope of the violation: Prosecutors target large-scale federal law violations.
  • The harm caused to the public: The DOJ focuses on prosecutions where violations create significant public harm.

What Can Compliance Officers Do to Protect Themselves?

Officers should ensure they effectively perform their jobs, thoroughly understand their responsibilities, and document their efforts to meet responsibilities. Solid documentation becomes critical for building defense strategies during federal investigations.

Can Compliance Officers Face Liability for Their Superiors’ Decisions?

In certain circumstances, yes. While superiors decide what to do with compliance advice, officers cannot intentionally facilitate non-compliance.

Legal Pulse: NJ Criminal Justice
44%
Bail Reform Impact

Reduction in pretrial jail population since NJ bail reform implementation.

Source: NJ Judiciary Annual Report
92%
Expungement Success

Approval rate for properly filed expungement petitions in NJ.

Source: NJ Courts Statistical Report

Common Mistakes to Avoid

Actually Stay Silent

Most people know they have the right to remain silent but still talk to police. Anything you say can and will be used against you. Politely decline to answer questions until your attorney is present.

Bail Conditions Are Enforceable

Violating bail conditions, even minor ones, can result in immediate re-arrest and make it much harder to obtain bail again. Follow every condition to the letter.

Proven Track Record

Recent Case Results

NO CHARGES FILED
SEC Investigation
SETTLEMENT REDUCED 80%
Securities Fraud
LICENSE PRESERVED
FINRA Action
CASE DISMISSED
Insider Trading Allegation

*Results may vary depending on your particular facts and legal circumstances.

SEE ALL CASE RESULTS

What Our Clients Say

"Facing an SEC investigation was terrifying. The Spodek team negotiated a resolution that preserved my career and my reputation. Their knowledge of securities law is unmatched."
— David A., SEC Defense Client MORE REVIEWS
Todd Spodek — Lead Attorney

Lead Attorney & Founder

Todd Spodek

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience to every case.

NY Bar Admitted NJ Bar Admitted Federal Courts
Meet the Full Team

Need Help With Your Case?

Our experienced criminal defense attorneys are available 24/7 for a confidential consultation.

100% Confidential. Your information is protected.

Frequently Asked Questions

89%
SEC Case Resolution Rate
1,200+
Securities Cases
67%
Charges Reduced or Dismissed
$2.1B
Client Assets Protected

Why Clients Choose Spodek Law Group

45 seconds that explain our difference

Why Clients Choose Spodek Law Group

Get Advice From An Experienced Criminal Defense Lawyer

Schedule your free consultation today. Available 24/7.

Your information is 100% confidential and protected.

Tap to Call — (212) 300-5196