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Companies often commence internal investigations to evaluate potential unlawful misconduct that comes to their attention through internal processes. When such investigations confirm that corporate employees have engaged in wrongdoing, the corporation is faced with a decision: whether it should self-report the wrongdoing to the appropriate regulatory authorities. Many considerations bear on this decision. In certain instances, such as when the company is publicly traded and in a highly regulated industry, the choice is obvious; self-reporting is essentially the only option because of disclosure and regulatory obligations. In other instances, companies may have more flexibility to decide on the best course. This article is intended to explore the different considerations that bear on a company’s decision regarding whether to self-report illegal activities by company employees to the authorities.

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