DOJ Restructures Corporate Enforcement Policy for 2026
DOJ revamps its Corporate Enforcement Policy, impacting criminal case strategies.
Why it matters: Corporate attorneys must adapt their strategies for compliance, reporting, and reduced penalties under new DOJ guidelines.
- Policy excludes antitrust matters as of March 10, 2026.
- Part I grants declination if firms self-report without severe issues.
- Part II offers NPAs and up to 75% fine reductions for 'near misses.'
- Overhauls previous DOJ and U.S. Attorney policies.
The Department of Justice has unveiled a revamped Corporate Enforcement and Voluntary Self-Disclosure Policy, effective March 10, 2026, impacting all criminal cases except those involving antitrust violations.
- Legal adjustments: This policy demands immediate changes in corporate self-disclosure practices, cooperation during investigations, and remediation strategies, vital for legal teams adjusting to new compliance standards.
- Part I details: Companies can receive declinations of prosecution if they self-report misconduct, fully cooperate with investigations, and rectify issues quickly, except in cases involving egregious factors, as indicated in the Nixon Peabody report.
- Part II highlights: Offers non-prosecution agreements (NPAs) and up to 75% fine reductions for firms that fall short in disclosures but comply with outlined requirements, reducing penalties, according to the Paul Weiss memo.
This comprehensive update consolidates disparate DOJ and U.S. Attorney's policies, pushing for enhanced corporate transparency and fairness. Deputy Attorney General Todd Blanche emphasized the alignment of guidelines under this policy in reducing liabilities for conscientious disclosure.
Additionally, businesses are encouraged to self-disclose misconduct within 120 days of an internal whistleblower report, as recommended by the Mayer Brown insight, creating a clearer timeline for compliance actions.
By the numbers:
- 75% — Fine reduction potential for 'near miss' cases under Part II.
- 120 days — Recommended period for self-disclosure after whistleblower report.
Yes, but: The policy's potential impact on major corporations remains uncertain, as they navigate new compliance expectations.
What's next: The implementation of this policy begins March 10, 2026, promising to reshape corporate criminal investigations.