Overview
- The policy, effective March 10, governs corporate criminal cases across the Department of Justice except antitrust and supersedes component and U.S. Attorney office programs, including SDNY’s recent initiative.
- It sets a three-track framework with declinations for qualifying voluntary self-disclosures, “near‑miss” non‑prosecution agreements under three years without monitors, and other resolutions with capped fine reductions.
- DOJ replaced the flat 75% “near‑miss” discount with a discretionary 50%–75% reduction from the low end of the Sentencing Guidelines and broadened recidivism to include any misconduct within five years or similar misconduct at any time.
- The policy mandates public declinations and explanations of cooperation credit, urges quicker eligibility determinations, and directs prosecutors to weigh company size and resources when assessing cooperation.
- Companies may report to any appropriate DOJ criminal component, with limited flexibility for good‑faith disclosures to other authorities and explicit links to the M&A safe harbor, though analysts flag uncertainty in how offices will apply the framework.