Three Potential Benefits, One Powerful Incentive: NDIL’s New Individual Self-Disclosure Program

On May 14, 2026, the U.S. Attorney’s Office for the Northern District of Illinois (NDIL) announced a new Individual Self-Disclosure Program (the Program). Most notably, the Program offers qualifying individuals one of three potential benefits in exchange for voluntary self-disclosure and ongoing cooperation: (1) letter immunity; (2) a deferred or non-prosecution agreement; or (3) criminal prosecution accompanied by substantial sentencing relief. This express three-tier structure distinguishes NDIL’s framework from many other federal voluntary self-disclosure programs in other jurisdictions, which generally focus on the possibility of a non-prosecution agreement or deferred prosecution agreement.

To qualify under the Program, an individual must provide a full and complete proffer and agree to testify before a grand jury and/or in related proceedings. The individual also must agree to disgorge any proceeds derived from the criminal conduct. In evaluating eligibility and determining the appropriate form of relief, the Office will consider several factors, including whether the misconduct was already known to the Government or publicly disclosed, whether the disclosure was truly voluntary, the truthfulness and completeness of the disclosure, and the timeliness of the disclosure. The Office also will assess the individual’s role in the misconduct, criminal history, and willingness and ability to cooperate with law enforcement and disgorge proceeds.

NDIL’s new Program replaces the District’s prior Individual Self-Disclosure Pilot Program for Organizational Misconduct, which was announced on September 16, 2024. Although the new Program retains certain features of the earlier pilot initiative, the prior program focused principally on the possibility of a non-prosecution agreement in exchange for voluntary self-disclosure. The new Program expands and formalizes that framework by expressly identifying a broader range of possible outcomes.

The Program also aligns with several other U.S. Attorneys’ Offices and DOJ components that have adopted individual-focused self-disclosure initiatives, including the Southern District of New York, Eastern District of New York, District of New Jersey, District of Arizona, Southern District of Florida, Southern District of Texas, Northern District of California, Central District of California, Eastern District of Virginia, and the District of Columbia. Many of those programs similarly encourage individuals to disclose previously unknown misconduct and cooperate with prosecutors.  However, most focus primarily on the possibility of a non-prosecution agreement or deferred prosecution agreement rather than expressly identifying multiple forms of potential relief.

NDIL’s Program also differs from certain other initiatives in scope. Some programs adopted in other jurisdictions are tailored to specific categories of misconduct (such as securities fraud, procurement fraud, or healthcare fraud), reflecting those districts’ enforcement priorities. By contrast, NDIL’s Program applies broadly to non-violent criminal conduct, subject to certain exclusions.  The Program excludes crimes involving: (i) violence; (ii) the threat of violence; (iii) gun trafficking and firearm offenses; (iv) terrorism; (v) drug trafficking offenses; (vi) child exploitation; (vii) human trafficking; and (viii)  sex offenses involving fraud, force, coercion, trafficking, or a minor victim. Certain categories of individuals, including public officials, are also generally ineligible for the Program.

Key Takeaway

NDIL’s new Individual Self-Disclosure Program is significant because it provides individuals and their counsel with a broader and more clearly defined set of incentives when evaluating whether to make an early self-disclosure. The Program reflects DOJ’s continued emphasis on insider cooperation as a key enforcement tool in white collar and other non-violent criminal matters. Whether other districts adopt similarly structured, multi-tiered frameworks remains to be seen, but NDIL’s approach may become an important reference point for future individual self-disclosure initiatives.

The Office’s announcement and the memorandum outlining the Program are available here.

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