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Justice Department Unveils First Department-Wide Corporate Enforcement Policy

The policy supersedes office-by-office rules, with antitrust matters excluded.

Overview

  • Applying across DOJ components and U.S. Attorneys’ Offices, the Corporate Enforcement and Voluntary Self-Disclosure Policy standardizes how corporate criminal cases are resolved nationwide.
  • Companies that voluntarily disclose previously unknown misconduct, fully cooperate, and remediate can receive declinations requiring restitution, disgorgement or forfeiture, with no criminal fine or monitor and with declinations made public.
  • For near-miss disclosures or cases with aggravating factors, prosecutors may offer a non-prosecution agreement under three years, no independent monitor, and a 50%–75% reduction off the low end of the sentencing guidelines.
  • Firms that do not self-report can still obtain up to a 50% penalty reduction for substantial cooperation and remediation.
  • The policy preserves eligibility if a company reports within 120 days of an internal whistleblower complaint and details operational expectations such as proactive rolling disclosures, source attribution, witness access, and controls on ephemeral messaging.