The Department of Justice has announced its first department-wide Corporate Enforcement and Voluntary Self Disclosure Policy to govern corporate criminal cases. The policy establishes a uniform framework for how prosecutors across DOJ components and U.S. Attorneys’ Offices evaluate corporate misconduct and cooperation to replace a patchwork of office-specific policies.
Under the CEP, companies that voluntarily disclose misconduct, fully cooperate with investigators and remediate wrongdoing may receive a declination of prosecution absent aggravating factors. The policy also outlines graduated penalty reductions where full declination is not available, including significant reductions in fines for companies that self-report and cooperate.
The policy is intended to increase consistency, predictability and transparency in white-collar enforcement while encouraging companies to promptly report criminal conduct and strengthen compliance programs, according to the DOJ. The framework applies to corporate criminal matters across the department, with antitrust cases excluded because they operate under separate statutory regimes.