DOJ Adopts New Whistleblower Bounty Program and Encourages Voluntary Self-Disclosure

Corruption Crime & Compliance

In a recent speech on March 7, 2024, Deputy Attorney General Monaco announced that, in the next 90 days, DOJ would implement a new whistleblower program to reward reporting of criminal misconduct at public and private companies. In particular, DOJ will encourage reporting of potential violations of the Foreign Corrupt Practices Act ("FCPA") and the recently enacted Foreign Extortion Prevention Act ("FEPA"). AAG Monaco noted that DOJ will be particularly interested in "foreign corruption cases" involving "non-issuers and violations of the recently enacted FEPA," along with criminal abuses of the United States financial system and domestic corruption cases.

DAG Monaco also reiterated the importance of voluntary self-disclosures. DOJ employs a "mix of carrots and sticks" to incentivize companies to build stronger compliance programs that proactively mitigate risks and disclose misconduct to DOJ when appropriate. DAG Monaco underscored the fact that a corporate resolution "will always be more favorable with voluntary self-disclosure."

In this episode, Michael Volkov discusses DOJ's new initiatives on whistleblowing and encouraging voluntary self-disclosures.

• DOJ's planned whistleblower program will significantly impact individual incentives to report financial misconduct and corporate decisions regarding voluntary self-disclosures.
• The program's focus extends beyond FCPA violations, encompassing other significant financial abuse schemes and potential reporting against non-issuer companies.
• Global companies are facing unprecedented risks and challenges in today's economy, leading them to prioritize robust ethics and compliance programs to promote positive corporate citizenship.
• The SEC whistleblower program has been successful, resulting in serious prosecutions and the derailment of fraudulent schemes. However, only around 10% of reports involve FCPA anti-bribery allegations.
• The Department of Justice recently announced its plan to create a whistleblower bounty program, which would fill gaps in existing programs and coordinate with voluntary self-disclosure policies.
• DOJ's whistleblower program will reward reporting of criminal misconduct at both public and private companies, encouraging reporting of potential violations of the FCPA and the Foreign Extortion Prevention Act.
• Companies are urged to disclose misconduct to earn valuable benefits, and the DOJ emphasizes the benefits of voluntary self-disclosure and cooperation to mitigate risks and maximize financial performance.

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The Volkov Law Group