Voluntary self-disclosure Archives - Corruption, Crime & Compliance

2 Oct, 2024

Commerce Department Updated its Voluntary Self-Disclosure Policy for Export Controls Violations

The Commerce Department’s Bureau of Industry and Security (“DOC-BIS”) is adopting procedures to generate voluntary self-disclosures for violations of export controls laws. Companies have to weigh carefully the risks when deciding whether to make such a disclosure. The Justice Department and DOC-BIS are building joint prosecutions — criminal and civil — against companies for export control violations. This new era is coming and companies have...

Podcasts

7 Apr, 2024

Episode 316 — DOJ Announces New Whistleblower Program and Encourages Self-Disclosures

In a recent speech, on March 7, 2024, Deputy Attorney General Monaco announced that DOJ would be implementing in the next 90 days a new whistleblower program to reward reporting of criminal misconduct at both public and private companies. In particular DOJ will encourage reporting of potential violations of the Foreign Corrupt Practices Act (“FCPA”) and the recently-enacted Foreign Extortion Prevention Act (“FEPA”). AAG Monaco...

General

3 Apr, 2024

Carrots and Sticks: DOJ’s Push to Incentivize Voluntary Disclosure of Corporate Misconduct (Part II of II)

DOJ has been on a public relations campaign to push a simple message for corporations: if companies learn of misconduct, companies should disclose such misconduct to earn valuable benefits. The quintessential question remains — should companies disclose misconduct to the Department of Justice or should the company remediate the misconduct and maintain its silence? DOJ’s campaign is intended to push companies to reconsider this balance...

General

29 Sep, 2022

DOJ’s Revised Corporate Enforcement Policy Expands on Previous Factors: History of Misconduct; Voluntary Self-Disclosure; and Compliance Monitors (Part III of IV)

The Lisa Monaco Memo is a new and important restatement of the Justice Department’s approach to corporate crime. It is a worthy read and it sets out a number of new requirements and procedures for DOJ prosecutors investigating corporate crime. In this posting, we return to review a few remaining important issues. Evaluating a Corporation’s History of Misconduct — DOJ’s original announcement in October 2021...