The DPPS would also like to see a legal basis to impose compliance monitoring on companies that have settled a criminal case. Under the current framework, a compliance programme may be imposed on a company if it forms part of a settlement that the company has agreed to. According to the DPPS, the law should be amended to also create the option to appoint special observers to monitor if the company acts in accordance with the compliance programme.
When asked about other areas for improvement, the head of the DPPS mentioned the possibility of making payments to victim compensation funds, where appropriate, as part of a settlement. This practice resembles what is already common practice in the US: the SEC’s establishment of fair funds and disgorgement plans. These funds and plans are created for investors who were harmed by a violation.
Given these developments, fundamental changes seem to be coming soon. Settlements concluded by Dutch prosecutors are moving more and more towards the US practice, while also addressing the public call for checks and balances and for more transparency about larger settlements in the Netherlands.