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Wednesday, November 27, 2024

See Something, Say Something: DOJ Launches Corporate Whistleblower Awards Pilot Program | Advisories - Arnold & Porter

On August 1, 2024, the Department of Justice’s Criminal Division (DOJ) launched its highly anticipated whistleblower awards program. As we previously covered, Deputy Attorney General (DAG) Lisa Monaco unveiled the anticipated program in March at the ABA’s White Collar Crime Conference, after which DOJ commenced a “policy sprint” to develop the program’s bounds. The details have now arrived: a three-year pilot program, called the “Corporate Whistleblower Awards Pilot Program” (Pilot Program), that will compensate whistleblowers who provide original information to DOJ about certain types of corporate misconduct if that information leads to a successful forfeiture. According to DOJ, the Pilot Program fills gaps in existing whistleblower programs, including those maintained by other federal agencies, by addressing certain areas of corporate misconduct those programs do not cover. The Pilot Program goes into effect immediately.

Alongside the Pilot Program’s launch, DOJ also announced an amendment to its Corporate Enforcement and Voluntary Self-Disclosure Policy (VSD Policy). Under the amendment, where a company receives an internal report of misconduct from a whistleblower and reports that misconduct to DOJ within 120 days, the company will be eligible for a presumption of a declination as long as DOJ has not contacted the company first. The company also must cooperate fully and remediate the wrongdoing. This amendment strengthens DOJ’s efforts to entice companies to build...



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