The United States Attorney's Office for the Southern District of New York has announced a new Whistleblower Pilot Program under which, in certain circumstances, an individual who self-reports criminal conduct and cooperates may avoid prosecution and instead enter into a nonprosecution agreement. Historically, the office had disfavored nonprosecution agreements with individuals; such agreements allow individuals to admit wrongdoing without facing criminal consequences. The office states that the new pilot program is designed to "encourage early voluntary self-disclosure of criminal conduct and to promote effective enforcement of criminal laws."
Under the pilot program, the United States Attorney's Office will enter into a nonprosecution agreement where certain specified conditions are met, including (1) that the government was not previously aware of the criminal conduct, (2) that the individual discloses the criminal conduct voluntarily and not in response to a government inquiry or obligation to report misconduct, and (3) the individual can provide substantial assistance in the investigation of equally or more culpable persons. The pilot program applies to individuals who disclose a variety of nonviolent offenses.
In addition, the pilot program states that even in cases where the requirements for a nonprosecution agreement are not met, prosecutors may consider exercising their discretion to extend a nonprosecution agreement in exchange for an individual's cooperation.
This pilot program is the latest in the Department of Justice's efforts to encourage both corporations and individuals to self-report misconduct.
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