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931 Department of Defense Voluntary Disclosure Program

In July 1986, the Department of Defense initiated its Voluntary Disclosure Program which is designed to encourage self-policing and voluntary disclosure by Defense contractors of procurement-related problems. The Fraud Section's Federal Procurement Fraud Unit (Unit) is the contact point in the Department of Justice to oversee voluntary disclosure matters. The responsibilities of the Fraud Section's Federal Procurement Fraud Unit with regard to the Department of Defense's Voluntary Disclosure Program include the following:

Upon receipt of an initial contractor disclosure, the DOD's Inspector General's Office makes a preliminary determination as to whether the disclosure satisfies the program's requirements, coordinates the execution of a standard voluntary disclosure agreement (known as the "XYZ Agreement"), assigns the disclosure to a DOD criminal investigative organization for verification and to a suspension and debarment authority, and coordinates the disclosure with the Department of Justice for potential civil and criminal action. The Unit reviews all voluntary disclosures, and has the opportunity to concur in the XYZ agreement, which defines the obligations that the contractor and the government assume when undertaking a voluntary disclosure.

The Department of Justice has sole responsibility to initiate or decline prosecution. Prior to any decision to prosecute or to decline prosecution of a volunteer corporation, United States Attorneys Offices will notify the Unit (providing a summary of the evidence, proposed theories of criminal liability, and proposed charges in the case), and obtain the concurrence of the unit.

In July, 1987, the Department of Justice issued guidelines that set out a number of factors to consider in deciding whether to prosecute a company that has been admitted to the DOD Program. Factors include: the candor, completeness and promptness of the disclosure; the extent of the fraud; the pervasiveness of the fraud; the level of the culpable corporate employees; the cooperation of the corporation during the investigation; and the remedial action taken by the corporation, including discipline, restitution, and revisions to the corporate compliance programs.


October 1997 Criminal Resource Manual 931