SDNY Whistleblower Pilot Program Overview

This advisory is a guide published by Alston & Bird LLP that outlines the newly introduced Whistleblower Pilot Program by the U.S. Attorney’s Office for the Southern District of New York (SDNY). Announced on January 10, 2024, the program aims to incentivize early voluntary self-disclosure of criminal conduct that is unknown to enforcement authorities. It specifies six criteria for individuals to qualify for protection against prosecution, including the requirement that the reported conduct is not publicly known and that the individual voluntarily discloses the information. The advisory also places this pilot program in the context of recent changes to corporate criminal enforcement policies by the U.S. Department of Justice (DOJ). It highlights the potential for increased corporate criminal investigations as a result of this initiative and emphasizes the importance of compliance programs and internal controls in light of the new incentives. Companies are advised to act quickly in response to potential misconduct to benefit from voluntary self-disclosure.