Indiana Businesses Should Heed DOJ's Self-Disclosure Policy

White Collar, Compliance and Investigations Co-Chair Josh Minkler and counsel Taylor Kirklin recently published an article, “Indiana Businesses Should Heed DOJ’s Self-Disclosure Policy,” for The Indiana Lawyer. The article reviews the Department of Justice’s newly revamped “Corporate Enforcement and Voluntary Self-Disclosure Policy” and the incentives it provides to companies that self-report misconduct. Minkler and Kirklin write that businesses can avoid DOJ prosecution by voluntarily self-disclosing, fully cooperating with the DOJ, and undertaking timely and appropriate remedial actions.

“The CEP also underscores the importance of early detection of wrongdoing and robust compliance programs,” Minkler and Kirklin write. “Companies should work with their counsel to develop and refine their compliance processes. The DOJ lists several criteria for effective programs, including risk assessment, the independence and empowerment of compliance personnel, regular program testing and the allocation of sufficient resources.”