Overview
- The department-wide policy, announced March 10, sets one clear standard across DOJ for corporate crime cases except antitrust and replaces prior office-by-office rules.
- A company can earn a public declination if it reports before DOJ learns of the conduct, fully cooperates, fixes the problem fast, and lacks serious aggravating factors, though it still must repay profits or compensate victims.
- Near-miss cases can receive a non-prosecution agreement under three years with no independent monitor and a 50% to 75% cut off the low end of guideline fines, while other resolutions cap potential credit at 50%.
- If a whistleblower reports both inside the company and to DOJ, the firm keeps declination eligibility only by reporting to DOJ within 120 days of the internal tip and meeting all other requirements, which raises a race-to-report risk.
- Prosecutors will now look for working compliance systems that detect issues early, preserve messages and records, run quick credible investigations, impose consistent discipline, and document board oversight, pushing leaders to tighten hotlines, probes, and record-keeping now.