John C. Coffee Jr. The Real World of Whistleblowers: Hey, the Incentives Don't Work!
The new DOJ Pilot Program varies significantly from the SEC's prior program, and these differences raise fundamental questions: What will most encourage whistleblowers to come forward? What will best motivate defendants to self-report their criminal involvement? How will these new DOJ procedures affect the standard Deferred Prosecution Agreement?
September 18, 2024 at 01:26 PM
12 minute read
Columns
On August 1, 2024, the Criminal Division of the Department of Justice ("DOJ") announced its "Corporate Whistleblower Awards Pilot Program" (the "Pilot Program"). This was expected (as Deputy Attorney General Lucy Monaco had earlier announced that the DOJ would adopt a bounty system modeled after the SEC's whistleblower program). Still, the new DOJ Pilot Program varies significantly from the SEC's prior program, and these differences raise fundamental questions: What will most encourage whistleblowers to come forward? What will best motivate defendants to self-report their criminal involvement? How will these new DOJ procedures affect the standard Deferred Prosecution Agreement?
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