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Wednesday, November 27, 2024

Department of Justice Formally Adopts New Policies to Encourage Corporate Whistleblowers - O'Melveny

The Department of Justice (“DOJ”) recently has introduced two separate policy initiatives designed to incentivize individuals and corporations to report corporate crime to DOJ. These policies mark a significant departure from how DOJ previously approached enforcement of criminal law as to companies. With these changes, companies are now at heightened risk that DOJ will be alerted to alleged misconduct and will initiate an investigation. As a consequence, companies will now face greater pressure to internally investigate issues and report any misconduct to DOJ before DOJ learns of it from an individual whistleblower seeking a windfall.

Specifically, on August 1, 2024, DOJ provided the details of its new Corporate Whistleblower Awards Pilot Program (the “Program”)—the general terms of which Deputy Attorney General Lisa Monaco announced in April 2024. The Program is designed to incentivize whistleblowers to disclose corporate or financial misconduct by offering potentially significant monetary rewards.

The Program covers four areas of corporate crime not covered by other federal whistleblower programs: (1) foreign corruption and bribery, (2) crimes involving financial institutions or their agents (including money laundering, money transmitter, and compliance violations), (3) corrupt conduct in the United States involving public officials, and (4)...



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