What happened?

On April 15, 2024, the Department of Justice (DOJ) Criminal Division launched the Pilot Program on Voluntary Self-Disclosures for Individuals. This program rewards individuals who voluntarily disclose original information about illegal corporate misconduct and whistleblowers may be eligible to receive non-prosecution agreements (NPA) when certain conditions are met (even if they participated).

What are the details?

The newly announced program is intended to serve as another incentive to encourage more reports of wrongdoing to the DOJ.

Key Bites

• Individuals must satisfy stringent requirements to qualify for an NPA.
  For a breakdown of the requirements.

• The Pilot Program adds to the complex landscape of self-reporting.
  For a breakdown of offenses.

• The disclosure must be made before any agency requests or inquiries begin.

• The disclosure must be truthful and complete.

• If an individual comes forward but does not fully comply with its terms, the DOJ maintains sole discretion to offer or not offer an NPA.

Business Considerations

• Employers should familiarize themselves with the program details to prevent corporate misconduct.
• Employers should establish clear channels for confidential employee reporting in case they might know something sensitive.
• Regularly assess and update compliance programs. Consider implementing robust internal controls and training.
• Beware of whistleblower protections, so employers can avoid retaliation against whistleblowers or enforcing anti-retaliation policies.
• Address issues promptly to prevent misconduct.

Source References

• DOJ Criminal Division Press Release

Resources

• DOJ’s New Whistleblower Program Will Lead More Employees to Report Corporate Misconduct: How It Works and 6 Steps You Should Take to Prepare (Fisher & Phillips LLP.)
• DOJ Criminal Division Initiates Self-Disclosure Pilot Program for Individuals (Morrison & Foerster LLP.)
• DOL Whistleblower Protections

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