On January 10, 2024, the US Attorney for the Southern District of New York (SDNY) announced a new whistleblower pilot program designed to encourage voluntary self-disclosure of certain, nonviolent criminal misconduct. In announcing the pilot program, US Attorney Damian Williams noted that SDNY seeks to “incentivize individuals and their counsel to provide actionable and timely information” regarding criminal misconduct. SDNY’s rollout of the Whistleblower Pilot Program follows several recent policy pronouncements by the US Department of Justice (DOJ) seeking to incentivize companies and individuals to voluntarily self-report misconduct in exchange for more lenient prosecution.
The announcement marks a significant departure from how SDNY has historically approached cooperation by those involved in criminal conduct and likely signals broader support within DOJ for extending to individuals programs that were previously aimed at corporate self-disclosure.
WHISTLEBLOWER PILOT PROGRAM
Under the Whistleblower Pilot Program, SDNY will enter into a non-prosecution agreement (NPA) and agree not to prosecute an individual who discloses information regarding certain criminal misconduct and meets other program criteria. Specifically, the pilot program applies to conduct “undertaken by or through public or private companies,...
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