Companies that discover instances of corruption within their organization face the complex and uncertain task of weighing up the potential benefits of making a voluntary self-disclosure to prosecutors against the risk of otherwise being prosecuted. The complexity of this task is only magnified when voluntary self-disclosure to prosecutors is available in multiple jurisdictions implicated by the conduct. In this article we compare and contrast the US and UK approaches to voluntary self-disclosure and the purported benefits of self-disclosing in each jurisdiction. We focus particularly on the recently announced US Department of Justice’s Foreign Corrupt Practices Act (FCPA) Pilot Program and the UK’s new regime for Deferred Prosecution Agreements.
This article was first published in Bloomberg BNA Corporate Law & Accountability Report.