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

January 22, 2025 5:00pm

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