The Department of Justice (“DOJ”) announced a new Voluntary Self-Disclosure Policy to be used by US Attorney Offices throughout the country.

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The new policy helps to encourage early and voluntary self-disclosure of corporate criminal misconduct. It reinforces the importance of having an effective compliance plan that identifies misconduct.

To be a voluntary self-disclosure, the disclosure must be voluntary, timely and must contain all relevant facts of misconduct.

If the disclosure is all of the above, the government will not seek a guilty plea against the companyso long as the company also fully cooperates with investigators and appropriately remediates the criminal conduct.

However, even if the disclosure counts as a voluntary self-disclosure, if the misconduct:

• poses a grave threat to national security, public health or the environment, or
• if it is deeply pervasive throughout the company, or
• involved current executive management of the company,

then there may still be a guilty plea.

As always, it is essential to be proactive about your compliance plan.

If you need help updating your compliance plan, auditing, or training staff, contact us today.

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