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

New DOJ guidance for U.S. Attorneys’ Offices 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 earlier this month, Deputy Attorney General Lisa Monaco said that having one self-disclosure policy for all U.S. Attorneys’ Offices 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. See “Deputy Assistant AG Miller Discusses Robust DOJ Anti-Corruption Efforts, Stressing Individual Accountability, Self-Reporting, Remediation and Cooperation” (Mar. 1, 2023).

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