DOJ issues corporate policy
The Department of Justice released its first-ever department-wide corporate enforcement policy aimed at bringing 'uniformity, predictability, and fairness' to white-collar enforcement — a signal that regulators will expect clearer compliance programs across sectors. That shift raises the bar for institutional documentation and internal controls, especially for public entities facing regulatory scrutiny. (natlawreview.com)
On March 10, 2026 the Department of Justice published its Department‑wide Corporate Enforcement and Voluntary Self‑Disclosure Policy and announced it publicly in a press release led by Deputy Attorney General Todd Blanche. (justice.gov) The CEP applies to corporate criminal matters across all DOJ components except the Antitrust Division and expressly supersedes component‑ and U.S. Attorney’s Office‑specific enforcement and self‑disclosure policies. (debevoise.com) Under the policy’s Part I path, DOJ will decline to prosecute a company that voluntarily self‑discloses misconduct, fully cooperates, timely and appropriately remediates, and has no listed aggravating circumstances — with the company required to pay disgorgement/forfeiture and restitution as part of a declination. (debevoise.com) If a disclosure falls outside the voluntary‑disclosure definition or aggravating factors exist, DOJ’s Part II approach contemplates a short‑term non‑prosecution agreement (generally under three years) and, in most such resolutions, expressly contemplates not requiring an independent compliance monitor. (debevoise.com) The Department signaled it will generally avoid imposing monitorships except in “exceptional circumstances,” will make CEP declinations public, and allows a company to qualify for a Part I declination even when a whistleblower reported the issue first so long as the company self‑reports within a reasonable period (not more than 120 days) after the whistleblower. (hoganlovells.com) (debevoise.com) The CEP requires companies seeking benefits to provide full factual cooperation — including relevant facts about implicated individuals, preservation and production of documents wherever located, and employee interviews — while preserving DOJ prosecutors’ discretion to recommend declination even when aggravating circumstances are present after weighing severity, cooperation, and remediation. (justice.gov)
