NYC Gazette

United States Attorney Breon Peace announced today the implementation of a new Whistleblower Non-Prosecution Pilot Program by the U.S. Attorney’s Office for the Eastern District of New York. The program, effective immediately, aims to encourage individuals to disclose original and actionable information about previously unknown criminal conduct by public or private entities. It offers transparency on conditions under which voluntary self-disclosure of criminal conduct, coupled with full cooperation in investigations, may make an individual eligible for a non-prosecution agreement (NPA).

"The Whistleblower Pilot Program will enable the Office to investigate and hold wrongdoers accountable more quickly," stated Peace. The initiative is expected to promote compliance programs within companies to prevent, detect, and remediate misconduct.

The program covers disclosures regarding criminal conduct involving two or more individuals or organizations such as corporations, partnerships, non-profits, financial institutions, among others. Specific crimes include fraud or corporate control failures, intellectual property theft, market integrity violations, bribery or fraud relating to federal funds, obstruction of justice, healthcare fraud including Anti-Kickback statute violations, and money laundering related to these crimes.

Conditions for entering into an NPA include:

- The misconduct has not been made public nor known to the Department of Justice.

- Disclosure is voluntary and not in response to a government inquiry.

- Substantial assistance in investigation and prosecution is provided.

- Complete and truthful information about all known criminal conduct is disclosed.

- The individual is not a high-ranking official or person with primary control over the organization where misconduct occurred.

- The individual's role did not involve leading illegal activity or violence.

- No previous felony convictions involving violence or fraud.

If requirements are not fully met but significant information is provided about international entities or senior officials' misconduct, discretion may still be exercised in granting NPAs.

To receive an NPA under this program, individuals must also forfeit any proceeds from wrongdoing and pay restitution to victims. Detailed terms and disclosure forms are available on the Office's website.