Navigating DOJ’s New Corporate Whistleblower Pilot Program

Henry E. Hockeimer, Jr. | Ballard Spahr LLP

Henry E. Hockeimer, Jr., leads the firm’s White-Collar Defense/Internal Investigations Group. His practice focuses on white collar criminal defense and securities fraud/litigation. Hank counsels businesses and individuals facing investigation by state and federal authorities, and represents clients in federal and state courts throughout the United States. Hank’s jury trial experience is extensive, both in private practice and as a former federal prosecutor.

Hank is often engaged to conduct sensitive internal investigations and reviews for both corporate and governmental entities. His work also includes complex civil litigation, where he has handled contract disputes, actions involving intellectual property and trade secrets, product liability matters, and insurance coverage disputes.

Prior to joining Ballard Spahr, Hank was appointed Assistant U.S. Attorney in Oklahoma City. As a federal prosecutor, he tried several high-profile public corruption, fraud, and domestic terrorism cases, including the successful prosecution of the leader of a major anti-government “Patriot” group. During his tenure in the U.S. Attorney’s Office, he served as the Domestic Terrorism Coordinator and was a member of the FBI’s Domestic Terrorism Task Force.

Soumya Dayananda | Willkie Farr & Gallagher LLP

Soumya Dayananda is a partner in Willkie’s Litigation Department, where she is a member of the Investigations & Enforcement Practice in Washington, DC and New York. Soumya has over 20 years of public service experience, including handling complex government investigations, crisis management and congressional oversight. She represents private companies, public entities and individuals facing scrutiny by the federal government, including the DOJ, State Attorney Generals and Congress. Prior to joining Willkie in 2023, Soumya served as a Senior Investigative Counsel for the U.S. House of Representatives Select Committee to Investigate the Attack on the United States Capitol, where she led a team of attorneys investigating the law enforcement and military response on January 6. She also previously served as a Senior Investigative Counsel at the U.S. Senate Homeland Security and Governmental Affairs Committee (HSGAC), the Senate’s top oversight Committee, for Chairman Gary Peters (MI-D), where she led high-profile bipartisan investigations. Soumya served as an Assistant U.S. Attorney in the Eastern District of New York (EDNY) for more than a decade, where she held leadership positions in the International Narcotics and Money Laundering Section overseeing complex international narcotics and money laundering investigations and prosecutions. During her career, she served as lead trial counsel on dozens of trials, including numerous high-profile RICO cases. She began her career as an Assistant D.A. in the Manhattan District Attorney’s Office.

I. Corporate Whistleblower Awards Pilot | 2:00pm – 2:30pm

• Background on Whistleblower Programs
  • DOJ’s Program Compared to Other Federal Agency Whistleblower Program
  • Benefits And Drawbacks of The Program for Companies and Whistleblowers
• Key Provisions of the Whistleblower Program
  • Who Is Eligible?
  • What Areas of Corporate Crime Are Considered?
• Voluntary Self Disclosure Program for Individuals
  • Is The Individual’s Reporting Truly Voluntary?
  • Is The Individual’s Information Truthful and Complete?
  • Is The Individual Cooperative With DOJ?
  • Will It Lead to A Forfeiture Of 1 Million Dollars To DOJ?
• Unanswered Questions Regarding the Program
  • Considerations For a Company and Payment to Individual
  • Carrots And Sticks

II. Mergers and Acquisitions and the Safe Harbor | 2:30pm – 3:00pm

• Is The Conduct Criminal?
• Is It Reported Within 6 Months of Date of Closing?
• Is It Timely and Complete Remediation by The Company?
• Carrots And Sticks

Break | 3:00pm – 3:10pm

III. DOJ’s Evaluation of Corporate Compliance Programs | 3:10pm – 3:40pm

• Key Aspects for Evaluation
  • Is The Program Well-Designed?
  • Is The Program Applied in Good Faith? What Is the Tone Form the Top?
  • Is The Program Working in Practice? Do The Written Policies Reflect the Company’s Reality?
  • Latest Addition: AI Risk Management
• Steps in Evaluating a Program
  • The Role of Risk Assessment
  • The Companies Compliance Policies, Procedures and Trainings
  • Carrots and Sticks

IV. Case Study | 3:40pm – 4:10pm

• Internal Investigation
• When To Call Doj