DOJ Launches Uniform Corporate Enforcement and Self-Disclosure Policy
The United States Department of Justice established a department-wide policy to standardize how companies are rewarded for voluntarily disclosing and remediating corporate criminal misconduct.
On March 10, 2026, the United States Department of Justice announced its first-ever Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP). The framework creates a uniform standard for all corporate criminal matters across 93 U.S. Attorney's Offices and DOJ components, specifically excluding antitrust violations, which remain under the Antitrust Division's Leniency Program. The CEP supersedes all previous component-specific guidelines, including a February 2026 program from the U.S. Attorney's Office for the Southern District of New York.
The policy incentivizes companies to voluntarily self-disclose misconduct, cooperate fully, and implement timely remediation. Companies meeting these criteria generally receive a declination of prosecution, provided no aggravating factors exist. A "near-miss" track offers Non-Prosecution Agreements with fine reductions ranging from 50% to 75% of the U.S. Sentencing Guidelines range, a more flexible scale than the fixed 75% reduction used in a 2025 Criminal Division version of the policy. Additionally, companies have 120 days to self-disclose after an internal whistleblower report to remain eligible for a declination.
Deputy Attorney General Todd Blanche stated the policy ensures consistent handling of cases and rewards well-intentioned businesses. However, he warned that the Department will not hesitate to pursue resolutions against companies and individuals that fail to self-disclose, cooperate, and remediate. The CEP also introduces an expanded definition of corporate recidivism as an aggravating factor and requires prosecutors to inform companies of their eligibility for declination as soon as practicable.
