On March 10, 2026, the U.S. Department of Justice released an updated Corporate Enforcement and Voluntary Self-Disclosure Policy (the “DOJ CEP”)1, which for the first time in the Department’s history will cover most corporate criminal matters. The policy builds upon revisions released in May 2025 (which “traces its roots to 2016” according to Department leadership)2 with the stated goal to further incentivize companies to promptly report misconduct, cooperate with government investigations, and remediate wrongdoing, while providing clearer and more predictable outcomes for companies that do so. The DOJ CEP reflects the Department’s continued emphasis on early disclosure, individual accountability, and strong corporate compliance programs as key components of effective enforcement.
Under the revised policy, companies that voluntarily self-disclose misconduct, fully cooperate with Department, and timely and appropriately remediate the misconduct themselves will generally receive a declination of prosecution, provided there are no significant aggravating factors. Aggravating factors include particularly egregious conduct, pervasive misconduct, substantial harm, or recent corporate recidivism. Even where aggravating factors exist, prosecutors retain discretion to recommend a declination if the company’s disclosure, cooperation, and remediation are sufficiently strong. Companies receiving declinations will pay no federal criminal fines, but must still pay any disgorgement, forfeiture, restitution, or victim compensation arising from the misconduct. The Department will also publicly disclose the declination.
Department-Wide, Supersedes U.S. Attorneys’ Office-Specific Policies
For the first time ever, this new policy is explicitly applicable on a Department-wide basis, covering corporate criminal matters across the Department’s components and U.S. Attorneys’ Offices (with the notable exception of certain antitrust matters governed by separate statutory regimes). The Department’s stated goal is to reduce inconsistencies between components and districts in how corporate self-reporting, cooperation, and remediation factor into charging decisions and criminal resolutions. Other U.S. Attorneys’ Offices, most notably the Southern District of New York, have recently released their own Corporate Enforcement and Self-Disclosure Policies that echo many of the same tenets put forth in the new DOJ CEP.
However, the Department issued an additional press release yesterday clarifying that the DOJ CEP supersedes all existing U.S. Attorney’s Office-specific corporate enforcement policies. “The CEP also provides predictability for companies and their counsel that approach these issues as it applies to all corporate criminal cases across the Department (aside from those relating to antitrust), superseding all component-specific or U.S. Attorney’s Office-specific corporate enforcement policies currently in effect.” Press Release, U.S. Dep’t of Justice, 26-230, Department of Justice Releases First-Ever Corporate Enforcement Policy for All Criminal Cases (March 10, 2026), https://www.justice.gov/opa/pr/department-justice-releases-first-ever-corporate-enforcement-policy-all-criminal-cases. It is still contemplated in the DOJ CEP that the U.S. Attorney for each district may use their own corporate enforcement programs and sign off on declinations, but the Department has been clear that this new DOJ CEP supersedes all other Office-specific guidance.
Statements by Department Leadership
The Department leadership has already made statements on the purpose behind the new DOJ CEP. “This Department of Justice is committed to transparency and fairness, and our first-ever Department-wide corporate enforcement policy is yet another example of that,” said Deputy Attorney General Todd Blanche. “This policy draws on decades of experience across the Department and creates incentives for companies to come forward and do the right thing when misconduct occurs so that we may hold accountable the individual wrongdoers. Well-intentioned businesses know that, across the Department, they will be rewarded when they self-disclose wrongdoing, cooperate with our investigations, and remediate the misconduct. But for those that do not, make no mistake—we will not hesitate to seek appropriate resolutions against companies and individuals alike that perpetrate white collar offenses that harm American interests.” Press Release, U.S. Dep’t of Justice, 26-230, Department of Justice Releases First-Ever Corporate Enforcement Policy for All Criminal Cases (March 10, 2026), https://www.justice.gov/opa/pr/department-justice-releases-first-ever-corporate-enforcement-policy-all-criminal-cases.
Key Takeaways for Companies
The new DOJ policy largely preserves the core CEP incentive structure, but introduces several notable changes:
- A single Department-wide policy now governs corporate criminal enforcement, replacing the Criminal Division-only framework and individual practices across the different U.S. Attorney’s Offices.
- Penalty reductions for “near-miss” disclosures are now discretionary (50–75%), rather than automatically 75%, but still presumptively qualify for a non-prosecution agreement. “Near miss” disclosures are those where a company self-reports in good faith, but the Department already knows about the underlying conduct or there are aggravating circumstances the Department concludes warrant a criminal resolution.
- Companies must carefully direct disclosures to the appropriate DOJ component, though a good-faith disclosure to one component will still qualify even if another component ultimately handles the matter.
- Rapid response to internal whistleblower reports remains critical, given the 120-day disclosure window.
Taken together, the policy signals the Department’s continued pledge to reward early voluntary disclosure while standardizing enforcement practices across the Department.
1 U.S. Dep’t of Just., Corporate Enforcement and Voluntary Self-Disclosure Policy (Mar. 10, 2026), https://www.justice.gov/dag/media/1430731/dl?inline.
2 “The Division’s own corporate enforcement policy traces its roots to 2016. Since that time, based on our experience prosecuting the most sophisticated white-collar schemes, we refined our approach, culminating in the revisions announced in May 2025. Having helped craft the Department-wide policy, our prosecutors will continue to reward good corporate behavior, seek individual accountability, and root out criminal conduct in our mission to protect the American people.” Press Release, U.S. Dep’t of Just., 26-230, Department of Justice Releases First-Ever Corporate Enforcement Policy for All Criminal Cases (March 10, 2026) (quoting Assistant Attorney General A. Tysen Duva of the Justice Department’s Criminal Division), https://www.justice.gov/opa/pr/department-justice-releases-first-ever-corporate-enforcement-policy-all-criminal-cases.
