What the DOJ's Corporate Enforcement Policy Means for Small Businesses
Executive Summary The U.S. Department of Justice has expanded the Corporate Enforcement and Voluntary Self-Disclosure Policy (the "CEP") to most DOJ components (except for the Antitrust Division). The CEP provides strong incentives for companies to voluntarily disclose corporate misconduct in hopes of obtaining a full declination of criminal charges, or else a non-prosecution agreement ("NPA"), or at least discretionary lenient treatment. The CEP, while offering compelling cooperation incentives, is not a one-size-fits-all panacea, and s maller businesses in particular would be well advised to approach voluntary self-disclosure decisions with appropriate caution, and with the advice of experienced counsel . Introduction On March 10, 2026, the Criminal Division of the U.S. Department of Justice (the "DOJ") announced the extension of its Corporate Enforcement and Voluntary Self-Disclosure Policy (the "CEP") to all DOJ components (with the exception...