Voluntary self-disclosure explained

Last checked: 22 October 2026 · How resolutions work

Voluntary self-disclosure means a company reports misconduct to the government before it is found out. Under DOJ's Department-wide Corporate Enforcement Policy, a company that self-discloses, fully cooperates, remediates and has no aggravating circumstances gets a declination ¹. Justice Manual 9-28.900 treats disclosure as separate from cooperation ². The SEC's 2001 Seaboard report says credit can range up to "taking no enforcement action" ⁴. Many case records state that the company did not self-disclose ^5,6.

DOJ policy: Corporate Enforcement and Voluntary Self-Disclosure Policy, covering "all corporate criminal matters handled by the Department" except antitrust under 15 U.S.C. 1 to 38 ¹
Justice Manual: 9-28.300 lists "timely and voluntary self-disclosure of wrongdoing" as a charging factor. 9-28.900 covers self-disclosures ²
Best outcome: Declination, made public, with payment of all disgorgement or forfeiture and victim compensation ¹
Near miss: NPA, term under three years, no monitor, and a reduction of at least 50% but not more than 75% off the low end of the Guidelines range ¹
Other cases: No more than a 50% reduction off the fine ¹
SEC framework: Seaboard report, Exchange Act Release No. 44969, 23 October 2001 ⁴
Whistleblower window: A company can still qualify if it reports no later than 120 days after an internal whistleblower report ^1,8

What counts as a voluntary self-disclosure

Justice Manual 9-28.900 says a voluntary self-disclosure "occurs only when a company discloses misconduct to the Department promptly and voluntarily" ². The disclosure must come before any imminent threat of disclosure or government investigation ². The Manual says self-disclosure "is separate and distinct from its cooperation with an investigation" ².

The Department-wide policy uses the same tests. The disclosure must be made "prior to an imminent threat of disclosure or government investigation" and "within a reasonably prompt time after becoming aware of the misconduct" ¹. The Criminal Division version dated 12 May 2025 adds that the misconduct must not be previously known to DOJ, and puts "the burden being on the company to demonstrate timeliness" ³.

The three tiers of DOJ credit

The Criminal Division's May 2025 version set a fixed "reduction of 75% off the low end" for near misses ³. The Department-wide policy states a range of "at least 50% but not more than 75%" ¹.

Tier	Who qualifies	What the company gets
Part I: declination ¹	Voluntary self-disclosure, full cooperation, timely remediation and no aggravating circumstances ¹	Declination, made public. The company pays all disgorgement or forfeiture and restitution ¹
Part II: near miss ¹	Cooperated and remediated but does not fully qualify for Part I ^1,3	NPA absent egregious factors, term under three years, no monitor, 50% to 75% off the low end ¹
Part III: other cases ¹	Meets some but not all factors ³	Prosecutors decide the form. No more than 50% off the fine ¹

How the SEC credits self-reporting

The SEC set out its approach in a Section 21(a) report on 23 October 2001, known as the Seaboard report ⁴. It credits businesses that "seek out, self-report and rectify illegal conduct" and "otherwise cooperate with Commission staff" ⁴. The SEC said credit can range "from the extraordinary step of taking no enforcement action to bringing reduced charges", with lighter sanctions or mitigating language as other options ⁴.

Self-disclosure and whistleblowers

DOJ's Corporate Whistleblower Awards Pilot Program pays individuals whose information leads to forfeiture ⁸. DOJ says a company that self-reports within 120 days of an internal whistleblower report, and before DOJ contacts it, may still be eligible for a declination ⁸. The Department-wide policy uses the same window: "no later than 120 days after receiving the whistleblower's internal report" ¹.

Examples from case records

None of these companies received a declination. Each case record on this site quotes the release and the agreement ^5,6 ⁷.

VimpelCom (2016): DOJ gave a 45% reduction off the bottom of the Guidelines range but said the companies "did not voluntarily self-disclose their misconduct to the department after an internal investigation" ⁵.
Stericycle (2022): DOJ cited the company's failure to voluntarily and timely disclose, gave full cooperation credit and a 25% reduction, and required a two-year monitor ⁶.
Airbus (2020): DOJ credited "the voluntary and timely nature of its disclosure to the department" for the export-control conduct. The release gives no such credit for the FCPA conduct ⁷.

Common questions

Does self-disclosure mean a company is not prosecuted?

Under DOJ policy, a company that self-discloses, fully cooperates, remediates and has no aggravating circumstances receives a declination ¹.

Is a declination secret?

No. The policy says "All declinations under the CEP will be made public" ¹.

Is self-disclosure the same as cooperation?

No. Justice Manual 9-28.900 says it is "separate and distinct" from cooperation ².

Does the SEC reward self-reporting?

Yes. The Seaboard report says credit can range up to taking no enforcement action ⁴.

Rules and fees change. Check the official site linked above before you apply or pay. Spotted an error? Email [email protected] with the official link.

Sources

Deferred and non-prosecution agreements explained
How U.S. deferred prosecution agreements and non-prosecution agreements work for companies, the Justice Manual factors, and what the company admits.
FCPA resolutions explained
How U.S. Foreign Corrupt Practices Act cases end: declinations, NPAs, DPAs, guilty pleas and SEC actions, with the statute, penalties and DOJ policy.
Whistleblower awards explained
How whistleblowers are paid: the SEC program (10% to 30%), False Claims Act qui tam shares (15% to 30%) and the DOJ corporate pilot, with case examples.
Airbus deferred prosecution agreements in France, the UK and the US (2020)
In January 2020 Airbus resolved bribery and export-control cases in France, the UK and the US. Amounts, charges, terms and admissions.
Stericycle FCPA resolution (2022)
Stericycle resolved Latin America bribery charges with DOJ and the SEC in April 2022. Amounts, DPA terms, admissions, monitor and the 2025 dismissal.