Following a speech by Assistant Attorney General Kenneth A. Polite on January 17, 2023, the DOJ issued additional guidance on changes to the Corporate Criminal Enforcement Policy, focused on voluntary self-reporting.
The policy increases, and makes more explicit and concrete, the potential benefits for companies to self-disclose misconduct, cooperate, and remediate, as well as the potential costs for those that fail to do so.
The memorandum provides insights into how DOJ will address voluntary self-reporting by corporations going forward, including the availability of declinations, discounts from the U.S. Sentencing Guidelines, and mechanisms to reward cooperation, especially “extraordinary cooperation” as covered by the updated Corporate Enforcement Policy.
Please click here to read the full alert memorandum.