Alerts3.17.26
What Companies Need to Know About DOJ's New Corporate Criminal Enforcement Framework
Highlights
- The Department of Justice (DOJ)’s new policy establishes a framework for resolving corporate criminal matters and formalizes incentives for companies that voluntarily self-disclose misconduct.
- Companies that voluntarily self-disclose, fully cooperate, and timely remediate misconduct may receive a declination, with the DOJ focusing enforcement on individual wrongdoers rather than the company.
- The policy creates distinct paths for full voluntary self-disclosure resulting in potential declination; “near miss” disclosures or cases with aggravating factors that may lead to NPAs and reduced penalties; and other cases where prosecutors retain broader discretion and penalties may be higher.
On March 11, 2026, the DOJ released its “first-ever” Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP). The CEP applies to all corporate criminal matters the DOJ handles. While the CEP itself is novel, the policy promotes familiar DOJ messaging: self-disclose early and often.
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