DOJ Incentivizes Self Disclosure Once More With Guidance for U.S. Attorneys’ Offices

New guidance from the U.S. Department of Justice (DOJ) for U.S. Attorneys’ Offices (USAOs) addressing voluntary self-disclosures is intended to bring consistency and transparency to self-reporting, and is ultimately intended to foster more self-reporting by corporate wrongdoers. Addressing the new guidance last month, Deputy AG Lisa Monaco said that having one self-disclosure policy for all USAOs will eliminate “geographic disparities and uncertainties.” Formally called the United States Attorneys’ Offices Voluntary Self-Disclosure Policy, the guidance promises that companies that voluntarily self-disclose misconduct pursuant to the policy “will receive resolutions under more favorable terms than if the government had learned of the misconduct through other means.” As appealing as that might seem, this latest entry to the DOJ canon must be read in the context of other recent DOJ pronouncements that may influence exactly whether, when and to whom a corporate wrongdoer might disclose that bad behavior. For insights on self-reporting to the SEC, see “What Does the SEC’s Latest Self-Reporting Initiative Portend for the Future of Enforcement?” (Mar. 1, 2018); and “Self-Reporting and Remedying Improper Fee Allocations May Not Be Sufficient for Fund Managers to Avoid SEC Action” (Sep. 15, 2016).

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