Here is some interesting and applicable information on Voluntary Disclosures that was just issued by the DoJ on December 13, 2019.  It explains that filing a voluntary self-disclosure in a complete and timely manner creates the presumption that the company will receive a non-prosecution agreement and not pay a fine, absent aggravating factors.  If aggravating factors exist and a deferred prosecution or guilty plea is warranted, a voluntary disclosure results in DOJ’s recommendation to a sentencing court of a fine that is at least 50% less than the amount that otherwise would be available and will not require a monitor if the company’s implemented an effective compliance program.

Bottom line, this simply reinforces my longtime experience with Voluntary Disclosure actions and should provide some level of comfort for companies fully disclosing violations in a timely manner.