Department of Justice Incentivizes Voluntary Self-Disclosure

March 27, 2023

The Department of Justice (DOJ) recently unveiled a new policy outlining the benefits that a company may be entitled to for the voluntary self-disclosure (VSD) of criminal conduct.



The purpose of the policy is to incentivize a company to proactively come forward when they discover misconduct. 


The new policy sets a nationwide standard for how the United States Attorney’s Offices (USAO) will determine if a company has made a voluntary self-disclosure.


Benefits of VSD

Absent an aggravating factor, a company that is considered to have made a VSD would receive the following benefits:

  • The USAO will not seek a guilty plea.
  • The company could potentially avoid a criminal penalty. Ultimately, it will not receive a criminal penalty that is greater than 50% below the low end of the U.S. Sentence Guidelines fine range.
  • The USAO will not require a third-party compliance monitor.


Conditions of a Voluntary Disclosure

A company can qualify for VSD benefits if the following conditions are met:

  • It discloses facts of misconduct before such conduct is publicly reported other or otherwise known to the DOJ.
  • It discloses all known relevant facts in a timely matter, prior to a threat of disclosure or government investigation.
  • It fully cooperates and appropriately remediates the criminal conduct.


Aggravating Factors

Under the VSD policy, the USAO may still seek a guilty plea if certain aggravating factors are present:

  • The misconduct poses a grave threat to national security, public health, or the environment.
  • The misconduct is deeply pervasive throughout the company.
  • The misconduct involved the company’s current executive management.


However, per the policy, the presence of an aggravating factor does not mean a guilty plea will necessarily be required. Rather, the USAO will consider the relevant facts and circumstances.


In the instance of an aggravating factor, the company can still receive benefits under the VSD policy, including a reduction (50-75%) off the low end of the USSG fine range. Likewise, the USAO will not require a third-party monitor if the company has implemented an effective compliance program.


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

Brandon Calton admitted to the United States District Court of Connecticut

June 10, 2025
Brandon Calton is now admitted to the United States District Court, Connecticut! The Royal Law Firm is passionate about expanding our reach so that we can better serve our clients and their needs. Brandon is admitted in Massachusetts, the United States District Court of Massachusetts, and the United States District Court of Connecticut.

Federal Court Vacates EEOC’s “Abortion Accommodation Mandate” in PWFA

By Heather Child • June 9, 2025
On May 21, 2025, the U.S. District Court for the Western District of Louisiana struck down a provision in the Equal Employment Opportunity Commission’s (EEOC) final rule under the Pregnant Workers Fairness Act (PWFA), ruling that the agency exceeded its authority by requiring employers to accommodate elective abortions that are not medically necessary. Background Information: In June 2022, the U.S. Supreme Court issued a decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and eliminated the constitutional right to abortion. Congress passed the Pregnant Workers Fairness Act in December 2022, and it became effective in June 2023. The law requires employers with 15 or more employees to provide reasonable accommodation to qualified applicants or employees who have physical or mental conditions related to pregnancy, childbirth, or related medical conditions, unless doing so would cause significant difficulty or expense for the employer. In April 2024, The EEOC issued its final interpretation of the PWFA including abortion in the definition of “pregnancy, childbirth, or other related medical conditions” thereby requiring employers to provide accommodations related to abortion. In May 2024, the states of Mississippi and Louisiana sued the EEOC, arguing that the interpretation conflicted with the U.S. Supreme Court’s Dobbs decision and their respective state laws on abortion. In June 2024, Judge Joseph found that the EEOC exceeded its authority and issued a preliminary injunction postponing the effective date of the interpretation to provide accommodation for elective abortions until final judgment was entered in this matter. The final judgment was entered on May 21, 2025, that remanded the matter to the EEOC to revise the final rule and all related implementing regulations and guidances. Employer Takeaways: While employers are no longer (as of now) REQUIRED to provide accommodation for elective abortions, the remainder of the PWFA remains in full effect The decision to have or not have an abortion remains protected under Title VII The PWFA does not supersede state or local laws providing greater protection for pregnant workers. It is important to stay up to date on state regulations to ensure employers are complying with state laws. While it is still unclear how this ruling will impact employers nationwide, it is still important to continue to stay up to date on ever-changing legislation.  If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.