[co-author: Nitin Nainani]*
On January 10, 2024, US Attorney for the Southern District of New York (“SDNY”) Damian Williams introduced a whistleblower pilot program targeting corporate crime, bribery and theft of government funds (the “SDNY Whistleblower Pilot Program”). Designed to encourage voluntary self-reporting, the program allows for individuals to receive non-prosecution agreements, if they disclose information and cooperate regarding certain non-violent offenses. Though this has been SDNY’s de facto policy, the SDNY Whistleblower Pilot Program represents a codification of the approach, reflecting the United States Department of Justice’s (“DOJ”) ongoing emphasis on self-disclosure programs and transparency.1
In announcing the program, US Attorney Williams stated: “[b]y providing clarity on the requirements and the benefits of such self-disclosure, we seek to incentivize individuals and their counsel to provide actionable and timely information. That will, in turn, help us bring more misconduct to light and better protect the communities we serve.”2 Notably, US Attorney Williams had a hand in shaping DOJ’s recent policy revisions through his role as the Chair of the Attorney General’s Advisory Committee.3
The SDNY Whistleblower Pilot Program focuses on “criminal conduct undertaken by or through public or private companies, exchanges, financial institutions, investment advisers, or investment funds involving fraud or corporate control failures or affecting market...
IBM reached a settlement with the federal government on Friday, agreeing to pay roughly $17 million to resolve allegations of illegal diversity, equity and inclusion practices. Acting Attorney Gen...