Tagged: Voluntary self-disclosure

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

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...

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

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...

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

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...