DOJ Solidifies Its Universal Policy For Corporate Cooperation Credits

Key Takeaways:

• The U.S. Department of Justice created a single, uniform corporate cooperation and criminal enforcement policy.  The new Corporate Enforcement and Voluntary Self-Disclosure Policy ("CEP") replaces all prior component and district-specific policies to promote consistency, transparency, and fairness across DOJ.
• Early voluntary self-disclosure brings significant benefits.  Companies that promptly self-report misconduct, cooperate fully, and remediate can receive declinations (while paying disgorgement and restitution), and even when aggravating factors exist, prosecutors retain discretion to recommend favorable outcomes.
• Strong incentives exist even when declination is unavailable. Companies that self-report but do not meet declination standards may still receive substantial benefits, such as non-prosecution agreements, no compliance monitor, or major reductions in fines.