Pilot Program Encourages Self-Disclosure of Non-Violent Criminal Conduct
Has self-snitching become normalized? The government seems to think so and is encouraging it. The U.S. Attorney’s Office for the Northern District of Illinois recently announced a new, limited-time, pilot program that would allow individuals who, “participated in and have knowledge of criminal wrongdoing by virtue of their employment” to self-report their misconduct in exchange for the potential of a non-prosecution agreement. “We are implementing this pilot program to provide a roadmap for how to report individual and organizational misconduct,” said Morris Pasqual, Acting United States Attorney for the Northern District of Illinois in a press release announcing the program. As we have previously covered, the DOJ has recently announced more programs to incentivize whistleblowers to come forward as they seemingly have increased their focus on corporate prosecutions across the United States, although the language of the program makes it clear that this is a distinctive program from traditional federal whistleblowing programs, many of which involve individuals who were not meaningful participants in the criminal activity.
Significant Carve-Outs in Program Eligibility
The press release provided some information about what conduct is excluded from the program and it’s aim seemingly focuses on corporate malfeasance. However, the program which is initially set to expire on March 15, 2025, contains significant carve-outs for participants including prohibiting anyone who engaged in conduct that involved violence, threats, or sex offenses to receive relief under the program, as well as other important disqualifiers. The program is also explicitly unavailable to public officials and certain high-ranking officials in organizations. In addition, any self-reporting individuals would also have to agree to give up any proceeds they acquired from their own criminal wrongdoing as part of their agreement with the government.
Anyone Thinking of Self-Reporting Through Program Should First Consult an Attorney
Anyone thinking of participating by filling out the form for the Chicago office’s new pilot program should consult with an experienced criminal defense attorney before voluntarily self-reporting, as the significant carve-outs make it clear that this is not a “get out of jail free card,” as the saying goes. In addition, the program is designed for employment related criminal conduct and does encompass all criminal conduct, despite the general language and introductory remarks of the press release. Anyone self-reporting without the benefit of counsel and knowing the limits of the program could actually be exposing themselves to criminal investigation and prosecution.
