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DOJ Whistleblower Program Games Begin

08 May

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Update Applicable to:Effective date
All employersApril 15, 2024


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


Resources

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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