Compliance Stuff

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...

The Justice Department has announced new, more relaxed policies for when it will prosecute corporate crime, promising “a clear path to declination” that bypasses the criminal resolution process entirely for companies that self-disclose and remediate their misconduct.   Matthew Galeotti , acting head of the Criminal Division at the Justice Department,  announced the new policy in a speech he delivered Monday . In many ways the new policy follows previous corporate enforcement policy under the Biden Administration, with an emphasis on voluntary self-disclosure, cooperation with prosecutors, and timely remediation of the offenses.  This new policy goes even further, however, clearly states that companies meeting all three criteria  will  receive a declination, not just the “presumption of a declination” standard that had existed previously.  Galeotti “ Those companies that meet our core requirements — voluntarily self-disclose to the Criminal Division, fully c...