Matthew Krueger on DOJ Self-Disclosure Program – ‘It’s a high-stakes decision to come forward’

Foley & Lardner LLP partner Matthew Krueger offers perspective on the U.S. Department of Justice’s new pilot program intended to encourage voluntary self-disclosure in the Report on Medicare Compliance article, “DOJ Criminal Division Extends Self-Disclosure Benefits to Individuals,” published by the Health Care Compliance Association.

Krueger emphasized that it will be difficult for individuals to qualify for the program since only one individual would be eligible as those participating must be the original source of information.

“It’s a high-stakes decision to come forward,” noted Krueger. “It only gives a benefit to someone who would have criminal exposure. You have to be willing to engage fully with the government and share everything you know.”

Krueger said the context for DOJ’s push to encourage voluntary self-disclosures is a long-term drop in white-collar prosecutions. Voluntary self-disclosure is different from being a whistleblower in a False Claims Act lawsuit for various reasons, he explained, as it is much broader, applying to conduct of any kind, including securities violations and insider trading, in addition to defrauding the federal government.

Kruger added that the new program is another reason why compliance professionals must be attentive when people raise internal concerns about potential criminal activity since if they are brushed off, they may be more likely to report it to the government.