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Friday, May 3, 2024

Criminal Division Launches Voluntary Self-Disclosures Pilot Program for Individuals

Attorneys & Judges
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Merrick B. Garland Attorney General at U.S. Department of Justice | Official website

The Criminal Division has unveiled a new pilot program aimed at encouraging individuals to come forward and disclose corporate wrongdoing. This initiative, announced earlier this week, focuses on voluntary self-disclosures for individuals involved in criminal conduct, with the promise of a non-prosecution agreement (NPA) for those who meet specific criteria.

According to a statement from the Criminal Division, the program is designed to incentivize individuals to report misconduct that was previously unknown to the department. Individuals who voluntarily, truthfully, and completely disclose original information regarding misconduct in high-priority enforcement areas, fully cooperate, provide substantial assistance, forfeit ill-gotten gains, and compensate victims may be eligible for an NPA.

The pilot program targets disclosures in key enforcement areas, including financial institutions, financial markets integrity, foreign corruption, health care fraud, federal contract fraud, and domestic corruption schemes. Individuals must also meet specific requirements, such as providing truthful and complete disclosure, cooperating with prosecutors, and agreeing to forfeit any profits or ill-gotten gains.

By offering NPAs to individuals who come forward to report corporate crime and cooperate, the Criminal Division aims to prosecute more culpable individuals and hold companies accountable. The program aims to provide predictability and certainty by outlining clear guidelines and threshold criteria for eligibility.

This initiative is part of the department's broader efforts to combat corporate crime and hold wrongdoers accountable. The Criminal Division emphasizes the importance of individuals' cooperation in rooting out misconduct and prosecuting criminal actors, noting that insiders are often valuable sources of credible information.

With the launch of this pilot program, the Criminal Division sends a clear message to individuals involved in criminal conduct that now is the time to come forward and cooperate. The program also aims to increase transparency and encourage early reporting of misconduct, putting pressure on companies and individuals to disclose wrongdoing promptly.

In conclusion, the Criminal Division's voluntary self-disclosures pilot program for individuals represents a significant step in the fight against corporate crime. By providing clear incentives and guidelines for individuals to report misconduct, the department aims to uncover criminal schemes, prosecute wrongdoers, and promote accountability in the corporate sector.

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