Voluntary Disclosures

Abstract

In the course of doing business, company managers may discover that the company has violated the law, thereby exposing the company to potential civil or criminal liability. When this occurs, an inevitable question is whether the company should voluntarily disclose this information to the government. To be sure, the U.S. Department of Justice (DOJ) has strongly encouraged companies to self-report their misdeeds. However, disclosure is not without serious risks and potential consequences. Determining whether to self-report requires careful evaluation of multiple considerations. This chapter discusses in depth those considerations, and fully outlines both the benefits and risks of voluntary disclosure.