AZ Whistleblower Non-Prosecution Pilot Program

Effective September 15, 2024

To encourage early voluntary self-disclosure of criminal conduct and to promote effective enforcement of criminal laws, the United States Attorney’s Office for the District of Arizona (DAZ or the Office) will implement a pilot program applicable to circumstances where an individual discloses to this Office information regarding the following subjects (hereinafter, the “covered subjects”): (1) criminal conduct undertaken by or through public or private entities or organizations, including corporations, partnerships, non-profits, exchanges, financial institutions, investment advisers, or investment funds involving fraud or corporate control failures; intellectual property theft and related violations; or violations affecting market integrity; or (2) criminal conduct involving state or local bribery or fraud relating to federal, state, or local funds.  

This program is not intended for individuals reporting general criminal conduct. While the United States Attorney's Office assists federal agencies with investigative functions, the Office is not an investigative agency itself. If you would like to report a potential crime not related to a subject covered by the Whistleblower Non-Prosecution Pilot Program, please refer the matter directly to the appropriate federal agency. Click HERE for a list of Agency Contact Information for commonly encountered investigative subjects. 

This program is distinct from the Department of Justice Corporate Whistleblower Awards Pilot Program, which offers individuals the possibility of receiving a monetary award if they disclose certain types of previously undetected misconduct and did not themselves participate meaningfully in the reported misconduct.  See www.justice.gov/CorporateWhistleblower.  In contrast, this Whistleblower Non-Prosecution Pilot Program is for individuals who participated meaningfully in criminal activity and face potential criminal liability.  Specifically, in such circumstances, this Office will enter into a non-prosecution agreement in exchange for the individual’s cooperation where the following conditions are met: 

1. The misconduct has not previously been made public and is not already known to DAZ or to any component of the Department of Justice (“DOJ”);
2. The individual discloses the criminal conduct voluntarily to DAZ and not in response to a government inquiry or obligation to report misconduct to DAZ or any component of DOJ, and prior to imminent threat of disclosure or government investigation;
3. The individual provides substantial assistance in the investigation and prosecution of one or more equally or more culpable persons, and is prepared to cooperate fully with this Office in its investigation and prosecution of the disclosed conduct, including, if necessary or appropriate, testifying under oath; 
4. The individual truthfully and completely discloses all criminal conduct in which the individual has participated and of which the individual is aware;
5. The individual is not (a) a foreign, federal, state, or local elected official or the head of a public agency or entity; (b) the chief executive officer or equivalent or chief financial officer or equivalent of a public or private company; (c) a person who, regardless of title, exercises primary control over the operations of the organization where the misconduct occurred; or (d) a federal law enforcement officer; and
6. The individual has not engaged in any criminal conduct that involves the use of force or violence; any sex offense involving fraud, force, or coercion, or a minor; any offense involving terrorism or implicating national security or foreign affairs; and does not have a previous felony conviction or a conviction of any kind for conduct involving fraud or dishonesty.

Considerations for a Discretionary Non-Prosecution Agreement

Where an individual discloses information to this Office regarding the covered subjects, but does not meet the requirements set forth above, prosecutors may nonetheless consider, with supervisory approval and consistent with the principles and any approval requirements set forth in the Justice Manual, exercising discretion to extend a non-prosecution agreement in exchange for the individual’s cooperation. In evaluating whether such an agreement would be in the public interest and necessary in the particular case, prosecutors and supervisors should consider, among other things, the following factors: 

1. Whether and to what extent the criminal conduct had previously been made public or was previously known to DAZ or to any component of the DOJ;
2. Whether the individual disclosed the criminal conduct voluntarily to DAZ and not in response to government inquiry or reporting obligation to DAZ or any component of DOJ, and prior to imminent threat of disclosure or government investigation;
3. The extent to which the individual is able to provide substantial assistance in the investigation and prosecution of one or more equally or more culpable persons and the individual’s culpability relative to others;
4. Whether the individual has truthfully and completely disclosed all criminal conduct in which the individual has participated and of which the individual is aware;
5. The extent to which the individual occupies any official or leadership position or other position of public or private trust;