In New York Law Journal, Litigation Team Analyzes Corporate Self-Disclosure and Declination

In an article for the New York Law Journal, litigation & enforcement partners Sarah Walters and Brian Blais, and associate Brad Rocheville examine the nuances of the Department of Justice’s (DOJ) policies on “timely” corporate self-disclosure of misconduct, and the path to declination.

“The level of cooperation that the DOJ expects—if a declination is to remain a possibility—involves company counsel essentially collaborating with the DOJ in the DOJ’s investigation of the company,” said the authors. “Any foot fault in terms of the level of cooperation could be considered negatively by the DOJ, which has made clear that the ‘extent and quality of a company’s cooperation will be an important part of the Criminal Division’s overall analysis of the case and impact of the proposed form of the resolution, as well as the fine range and fine amount.’”