Share on LinkedInShare on LinkedIn

ARTICLE · 03 FEBRUARY 2023

DOJ's Changes To Corporate Enforcement Policy Present Obstacles

Winston Taylor
Explore more from Winston Taylor

On Jan. 17, Assistant Attorney General Kenneth Polite announced revisions to the Department of Justice's corporate enforcement policy, describing them as the first significant changes since 2017.

United StatesCriminal Law
Suzanne Jaffe Bloom
Suzanne Jaffe Bloom
Jack M. Knight
Jack M. Knight
Elizabeth Ireland
Elizabeth Ireland
Annette Lynn Favetta
Annette Lynn Favetta

On Jan. 17, Assistant Attorney General Kenneth Polite announced revisions to the Department of Justice's corporate enforcement policy, describing them as the first significant changes since 2017.

Polite says the changes will strengthen the way the DOJ responds to corporate crime by providing "specific, additional incentives to companies for voluntary self-disclosures, as well as for cooperation and remediation." However, the changes reveal several challenges and dangers companies face when seeking cooperation credit from the DOJ.

Under the revised policy, prosecutors may now provide cooperation credit to a company, which can lead to a declination, even if there are aggravating circumstances. But before that company can obtain a declination, the company must demonstrate it has met each of these three factors:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

DOJ Announces 2026 National Health Care Fraud Takedown: 455 Defendants Charged In $6.5 Billion Enforcement Action

The Department of Justice's 2026 National Health Care Fraud Takedown charged 455 defendants in connection with $6.5 billion in alleged fraud schemes, marking an unprecedented scale of enforcement action. This whole-of-government approach leverages advanced data analytics and international cooperation to combat healthcare fraud across Medicare, Medicaid, and other federal programs. The enforcement action demonstrates heightened scrutiny of providers, aggressive asset forfeiture, and a focus on cases involvin
United StatesCriminal Law
Benesch, Friedlander, Coplan & Aronoff LLP
Benesch, Friedlander, Coplan & Aronoff LLP
Article

2026 Mid-Year Update On DOJ Corporate And White Collar Enforcement

The Department of Justice has implemented its first-ever Department-wide Corporate Enforcement Policy, fundamentally reshaping how companies navigate voluntary self-disclosure, cooperation, and remediation across all criminal matters. This comprehensive mid-year analysis examines the new three-path framework, explores critical enforcement developments in FCPA, export controls, trade fraud, and healthcare, and reveals how recent resolutions signal both opportunities and heightened risks for corporate complia
United StatesCriminal Law
Sher Tremonte
Sher Tremonte
Article

Prediction Markets — Legitimate Trading Or Gambling?

The rapid expansion of online prediction markets has created a regulatory gray area where consumers can effectively wager on sporting events even in states that prohibit traditional sports betting. As platforms like Kalshi, Polymarket, and Robinhood argue their services constitute futures trading rather than gambling, state attorneys general and the CFTC are locked in legal battles over jurisdiction and consumer protection.
United StatesCriminal Law
Klemchuk
Klemchuk
Article

The State Of The World’s Whistleblower Laws, Protections, And Rewards

Whistleblower protection has evolved significantly since the UN Convention Against Corruption in 2003, yet the scope of protections and rewards varies dramatically across jurisdictions. From the robust reward systems in the United States and South Korea to the EU's protection-focused directive and emerging programs in Ghana, countries have taken vastly different approaches to encouraging and safeguarding those who expose wrongdoing.
United StatesCriminal Law
Miller Shah LLP
Miller Shah LLP