Overview
- The Corporate Enforcement and Voluntary Self‑Disclosure Policy now applies across all DOJ divisions and U.S. attorneys’ offices, superseding component‑specific policies except for antitrust matters.
- The policy sets three resolution paths: declination for qualifying voluntary self‑disclosures; a ‘near‑miss’ track with non‑prosecution agreements, no monitor, and 50%–75% fine reductions; and a third path with fine reductions generally capped at 50%.
- Companies receiving a declination must still pay disgorgement, forfeiture and restitution or victim compensation, and the DOJ will publicly disclose those outcomes.
- Eligibility hinges on proactive cooperation and remediation, including rolling disclosures, identification of individuals, preservation and production of evidence (including ephemeral messaging), root‑cause analysis and appropriate discipline.
- A whistleblower‑timing provision preserves declination eligibility if a company reports within 120 days of an internal tip, and the policy clarifies disclosures should be made to the appropriate DOJ component, with good‑faith misdirected disclosures still qualifying.