DOJ Criminal Division Pilot Program on Self-Disclosure – Overcoming the Challenges to Full Cooperation, and Original and Actionable Information Disclosure

Joel M. Cohen
Partner
White & Case LLP

Steve Lowenstein
Legal Director of Anti-Bribery and Corruption
TechnipFMC
The DOJ’s new self-disclosure pilot program has been designed to increase the effectiveness of voluntary self-disclosures and improve the DOJ’s ability to detect and address corporate criminal conduct.
Building on the previous session, we will discuss:
- Interpreting the “prompt reporting” requirement
- Eligibility criteria for obtaining an NPA or DPA
- Requirements for full cooperation credit: What has and hasn’t been eligible
- Balancing ethical considerations with the desire to avoid prosecution
- The interplay of legal privilege