Voluntary Self Disclosure and Monitor Selection Policies
Voluntary Self-Disclosure Policies:
All DOJ components and offices that prosecute corporate crime now have a voluntary self-disclosure policy that is publicly available on their websites. And each of these policies are consistent with each other and set forth the component’s expectations of what constitutes a voluntary self-disclosure, including with regard to the timing of the disclosure, the need for the disclosure to be accompanied by timely preservation, collection, and production of relevant documents and/or information, and a description of the types of information and facts that should be provided as part of the disclosure process. The policies should also lay out the benefits that corporations can expect to receive if they meet the standards for voluntary self-disclosure under that component’s policy.
Specifically, all Department components must adhere to the following core principles regarding voluntary self-disclosure.
- First, absent the presence of aggravating factors, the Department will not seek a guilty plea where a corporation has voluntarily self-disclosed, fully cooperated, and timely and appropriately remediated the criminal conduct.
- Second, the Department will not require the imposition of an independent compliance monitor for a cooperating corporation that voluntarily self-discloses the relevant conduct if, at the time of resolution, it also demonstrates that it has implemented and tested an effective compliance program. Such decisions about the imposition of a monitor will continue to be made on a case-by-case basis and at the sole discretion of the Department.
- Criminal Division
- Antitrust Division
- Consumer Protection Branch
- National Security Division
- Tax Division
- Environment and Natural Resources Division
- U.S. Attorney’s Offices
Monitor Selection Policies:
All DOJ components and offices that prosecute corporate crime now have each has a published, publicly-accessible policy on monitor selection process.
All policies incorporate elements that promote consistency, predictability, and transparency.
- First, the consideration of monitor candidates are done by a standing or ad hoc committee within the office or component where the case originated. Every monitorship committee includes as a member an ethics official or professional responsibility officer from that office or component, who shall ensure that the other members of the committee do not have any conflicts of interest in selection of the monitor. There must be a written memorandum to file confirming that no conflicts exist in the committee prior to the selection process or as to the monitor prior to the commencement of the monitor’s work.
- Second, monitor selection processes are conducted in keeping with the Department’s commitment to diversity and inclusion.
- Third, prosecutors must notify the appropriate United States Attorney or Department Component Head of their decision regarding whether to require an independent compliance monitor. In order to promote greater transparency, any agreement imposing a monitorship should describe the reasoning for requiring a monitor.