The Department of Justice expanded its voluntary self-disclosure policy to all corporate criminal cases not related to antitrust. To better understand what this means in practice, the Financial Times Agenda spoke with Managing Director & Counsel to the CEO Howard Master.
At a high level, companies now have more certainty that they will receive a declination to prosecute if they fully cooperate with the government as long as they flag the misconduct before the department uncovers it. According to Howard: “Boards now have greater predictability in how they will be treated, although there is still an ‘X’ factor associated with whether the conduct was previously unknown to the DOJ.”
