On January 10, 2024, U.S. Attorney Damian Williams announced the Whistleblower Pilot Program (Program) for the U.S. Attorney’s Office (USAO) of the Southern District of New York (SDNY) to encourage self-reporting and cooperation by individuals exposed to criminal liability for certain conduct. The Program, which offers individuals a pathway to a non-prosecution agreement (NPA), is part of the larger Department of Justice (DOJ) effort to emphasize self-disclosure and transparency as significant enforcement tools. The Program, unlike other DOJ initiatives, applies to individuals, not companies, and, therefore, potentially creates a race of individuals against companies that are trying to “get on the right side of the law,” in U.S. Attorney Williams’s words.
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