In this episode, Tom Fox cross-posted an ACI webinar he moderated on voluntary self-disclosure. He was joined by James Tillen, Dr. Hemma Lomax, and Daniel Sibille, each bringing a distinct but complementary perspective on voluntary self-disclosure and DOJ corporate enforcement strategy. This topic and others will be discussed at the ACI National FCPA and Global Anti-Corruption Conference on December 10-11 in Washington, DC.
What do our panelists see? James Tillen, a longtime FCPA and anti-corruption counselor, sees DOJ’s policy as more generous and clearer on paper but still highly fact-specific because discretion remains around timing, cooperation, and aggravating factors. Dr. Hemma Lomax, drawing on her years at the SEC and now in-house experience, similarly believes DOJ has made the rewards of disclosure more predictable while leaving real uncertainty about whether a company will qualify. Daniel Sibille adds the company-side and government-side context, respectively, emphasizing that disclosure can strengthen compliance, shape the narrative early, and improve outcomes, even as DOJ’s approach still involves judgment, discretion, and cross-border risk.
Key highlights:
- DOJ declinations and near-miss disclosure incentives 2026
- Timely disclosure, robust remediation, and good-faith narrative
- Fact-Specific Race Against the Disclosure Clock
- Early high-risk signals for defensible good faith
- Independent assessment and formal recommendation by counsel
- Declinations still trigger foreign and parallel financial fallout
- Cartel Risk and DOJ Enforcement Priorities
- Disclosing Foreign Subsidies for Declination or NPA
I hope you can join us for the ACI FCPA and Global Anti-Corruption Conference in Washington, DC, on December 10-11. For event details, click here. Podcast listeners will receive a 10% discount on the registration price. Use discount code D10-999-CPN27 to apply your discount.
Resources:
Tom Fox
My first work of general non-fiction is now out: Deluge Before Dawn, the story of the 2025 flood in Kerr County, Texas, which killed 119 people and devastated a county. It is a story of tragedy, heartbreak, survival, and resilience.
It is available on the following sites: