If you’re under investigation—or think you might be—you’ve probably asked yourself: should I say something now, or stay quiet?
It’s not a small question. And the answer got more complicated after the DOJ released a new memo on May 12. Matthew Galeotti, who’s currently leading the DOJ’s Criminal Division, laid out a new direction for how white-collar cases will be handled. There’s more pressure on prosecutors to move fast, and there’s a new promise: if you speak up early, and do it the right way, you might get a better outcome.
That sounds good. But the key phrase is “do it the right way.” Because if you fumble this, it can backfire.
Why the DOJ Wants You to Speak First
The DOJ is trying to clean up how it handles corporate and white-collar cases. They want efficiency. Predictability. Less drama. And they want you to help them get there.
That’s why they’ve said: if you come forward, cooperate, and fix what went wrong, they might offer reduced penalties. In some cases, they might not prosecute at all.
They’re calling it fairness. But it’s also strategy. The government wants cases they can close quickly, with minimal resistance—and they’re offering some incentives if you help them do that.
What You Might Get If You Disclose Early
The DOJ says if you act early enough—and check all their boxes—you could see:
- No charges (in certain cases)
- Less financial punishment
- A shorter oversight period
- A clearer process with fewer surprises
But you don’t get credit for doing the bare minimum. You need to show that you took action before they forced your hand. If they hear about it from someone else first, you’re out.
Questions You Should Be Asking Right Now
Before you decide to disclose—or not—ask yourself:
- Is there any part of my story I wouldn’t want public?
- Is anyone else in the loop who might talk?
- Have I done anything since this started that shows I’m trying to fix it?
- Do I know how my lawyer is handling this?
The Risk of Doing It Wrong
Disclosure doesn’t help you if:
- You wait too long
- You leave out key details
- You can’t show you’ve made any changes
In those cases, you just hand them more information—and get nothing in return.
The Whistleblower Factor
The DOJ is now giving financial rewards to people who report:
- Corporate misconduct tied to foreign activity
- Sanctions violations
- Immigration or trade issues
- Procurement fraud
If anyone in your world knows about something questionable, and they’re scared or frustrated, this memo gives them a way out—with a check attached.
How to Think Through Your Next Step
This is where people freeze up. They don’t know what to say, so they wait. They hope the investigation slows down. But this memo makes one thing clear: the government isn’t waiting.
If you’re thinking about disclosing or cooperating, you need to:
- Get honest about what happened
- Put together documentation that shows what you’ve done since
- Understand exactly what the DOJ wants to see
What Makes You Different from Every Other Defendant?
Right now, the DOJ is evaluating whether you’re someone they want to work with—or someone they want to make an example of.
Are you trying to take control of the situation? Or are you hoping they’ll just move on to someone else?
Join Our Webinar To Learn More About DOJ Changes
Every week, we walk through situations like this in our live webinar. We talk through:
- What the DOJ memo really means
- How to weigh the risk of self-disclosure
- What prosecutors look for when deciding who gets a better deal
- How to prepare without rushing or panicking
If you think you might need to speak up, or you’re not sure how to respond, don’t wait until it’s too late.
Thank you,
Justin
P.S. If an investigation or sentencing hearing is inevitable, watch the video below.
