Overview
- The Corporate Enforcement Policy now governs all DOJ corporate criminal matters except antitrust, replacing component programs including SDNY’s recent initiative.
- Companies can receive a declination if they promptly self-report, fully cooperate, and remediate, with eligibility preserved if they report within 120 days of an internal whistleblower tip; declinations still require disgorgement or forfeiture and restitution and will be publicly disclosed.
- Near‑miss cases may be resolved with a Non‑Prosecution Agreement of under three years, no independent monitor, and a fine reduction of 50% to 75% off the low end of the Sentencing Guidelines.
- For all other resolutions, prosecutors retain full discretion on form and terms, with fine reductions capped at 50% off the Guidelines range.
- The policy broadens recidivism review and calibrates cooperation expectations to a company’s size and resources, with possible credit for good‑faith disclosures to other DOJ components or regulators.