Headlines that Matter for Companies and Executives in Regulated Industries
DOJ Issues Corporate Self-Disclosure Policy
The US Department of Justice (DOJ) released a Voluntary Self-Disclosure Policy that sets a consistent standard for corporate self-disclosures for all US Attorney’s Offices. The policy incentivizes corporations to self-report when they uncover misconduct by offering significant discounts on fines and favorable treatment during plea negotiations, including relating to the decision of whether to implement an independent compliance monitor. According to the policy, “[c]ompanies that voluntarily self-disclose misconduct to the USAO pursuant to this policy will receive resolutions under more favorable terms than if the government had learned of the misconduct through other means.”
The policy was developed pursuant to the Deputy Attorney General’s September 15, 2022 memorandum titled, “Further Revisions to Corporate Criminal Enforcement Policies Following Discussions with Corporate Crime Advisory Group.” Among other things, the so-called Monaco Memo directs each DOJ component to review its policies on corporate voluntary self-disclosures and, where it lacks such policies, draft and publicly share policies.
The Voluntary Self-Disclosure Policy can be found here.
Opening Brief to the Supreme Court Argues that Seventh Circuit Misinterpreted the FCA
On February 17, attorneys for qui tam whistleblowers filed an opening brief with the US Supreme Court in a False...
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