Saul Ewing – The Compliance Note and Justice Manual are clear: the government values cooperation and will reward companies for their cooperation.
A perennial debate exists in the white-collar space: do the benefits of self-disclosure outweigh the risks associated with providing the government with a road map to the company’s purported violation? Consistently, the Department of Justice, among other government agencies, has answered that question with a resounding yes. Yet, hesitation still exists among the defense bar to embrace the government’s position because the data just did not support the government’s position. Recognizing this trend, on July 26, 2023, the Department of Commerce, Department of the Treasury, and Department of Justice issued the Tri-Seal Compliance Note entitled “Voluntary Self-Disclosure Of Potential Violations”. The Compliance Note details the qualifications for voluntary self-disclosure and its purported benefits.
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