Bribe, Swindle or Steal Brass Tacks: Would You Call the Government to Make a Disclosure Today? If So, Why?
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Oct 15, 2025 Chuck Duross, a leading expert in anti-corruption law and former chief of the FCPA unit at the DOJ, dives into the complexities of voluntary self-disclosure for companies. He explains the evolving DOJ policies and the tough balance of risks versus rewards. Chuck shares insights on what constitutes a 'timely' disclosure, the potential benefits like reduced fines, and the serious pitfalls, including loss of control in investigations. He also discusses how past examples, like Morgan Stanley's approach, inform today's disclosure decisions.
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Origins And Timing Matter
- Voluntary disclosure traces back to the sentencing guidelines requiring disclosure prior to imminent government action.
- The timing must be prompt after discovery to qualify as voluntary under DOJ standards.
Reporter Tip-Off Killed Credit
- Chuck recounts a case where the AP told a company they would run a story Monday and the company called DOJ on Friday.
- He notes that calling early helps strategically but forfeits voluntary-disclosure credit.
What 'Reasonably Prompt' Looks Like
- 'Reasonably prompt' is fact-specific and can span weeks to months, but case law set an outer limit near 16 months.
- DOJ scrutinizes delays that suggest gamesmanship rather than diligent investigation.