Violating: New Self-Disclosure Policy – Rickard & Associates

The Department of Justice (“DOJ”) announced a new Voluntary Self-Disclosure Policy that will be used by the US Attorney’s Office throughout the country.

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This new policy helps encourage early and voluntary self-disclosure of corporate criminal misconduct. This reinforces the importance of having an effective compliance plan that identifies violations.

To be voluntary self-disclosure, disclosure must be volunteer, on time and must contain all relevant facts from mistakes.

If the disclosure is all of the above, the government will not seek a guilty plea against the companyas long as the company also fully cooperates with investigators and properly recovers criminal acts.

However, even if disclosure is considered voluntary self-disclosure, if the breach:

  • pose a serious threat to national security, public health or the environment, or
  • if it is highly dispersed throughout the company, or
  • involves the company’s current executive management,

then there may still be a guilty plea.

As always, it’s important to be proactive about your compliance plan.

If you need help updating your compliance, audit or training staff plans, contact us today.

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