In scenarios where a guilty plea is deemed necessary due to the seriousness of aggravating factors, a self-disclosing corporation can still receive a significant reduction in fines, ranging from at least 50% to as much as 75% off the low end of the guidelines fine range.
Smith noted that voluntary disclosures are more common in cases involving a single actor who isn’t a senior leader at a firm, as companies see such conduct as more isolated. “The harder cases — and where we don’t get voluntary self-disclosures — are rooted in a cultural issue,” she said. “And part of the culture is not addressing the issue.”
She expressed hope that the evolution of self-disclosure policies and the transparency prosecutors must provide regarding the conduct and factors under review will encourage more disclosures. “They can feel comfortable that they know upfront what they’re getting into,” Smith added.
