On June 1, 2026, the Department of Justice's Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) officially took effect, marking a significant shift in how the…
On June 1, 2026, the Department of Justice's Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) officially took effect, marking a significant shift in how the federal government approaches corporate criminal enforcement. Announced on March 10, 2026, the CEP represents the DOJ's first-ever department-wide framework governing corporate criminal matters outside the antitrust context. It replaces a long-standing patchwork of component-specific policies that previously created uncertainty for companies weighing whether, when, and how to disclose potential misconduct.
At the heart of the new policy is a clear and powerful incentive. Companies that voluntarily self-disclose misconduct to the DOJ, fully cooperate with investigators, and timely remediate the underlying conduct are guaranteed a declination of prosecution, provided no aggravating factors are present. This guarantee marks a meaningful departure from prior frameworks, under which the benefits of self-disclosure were often discretionary or varied significantly across DOJ components. By establishing a uniform standard, the CEP provides corporate decision-makers with greater predictability when evaluating the costs and benefits of coming forward.
The practical implications are substantial. Internal investigations, historically shaped by the specific enforcement priorities of individual DOJ components, must now be conducted with a single, department-wide framework in mind. Disclosure decisions, in turn, should be informed by a clearer understanding of what qualifies as voluntary self-disclosure, what constitutes full cooperation, and what remediation steps the DOJ will expect. The presence or absence of aggravating factors will remain a critical inflection point in any analysis, and companies should be prepared to address those considerations early.
Corporate clients should take this opportunity to audit their existing compliance programs, internal investigation protocols, and escalation procedures. Updates may be warranted to ensure that potential misconduct is identified quickly, evaluated rigorously, and elevated to decision-makers in a timeframe that preserves eligibility for the CEP's benefits. Boards and senior leadership should also revisit governance structures to ensure that disclosure decisions can be made deliberately, yet without unnecessary delay.
The CEP creates meaningful opportunities for companies that act promptly and thoughtfully when potential misconduct surfaces. Companies facing specific compliance questions or considering a potential disclosure should consult qualified counsel to obtain advice tailored to their particular facts and circumstances.