DOJ Aligns Department-Wide VSD Program for First Time

On March 10, 2026, the U.S. Department of Justice (DOJ) published its “first-ever” Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (the “Department-wide CEP”), which will apply to all corporate criminal cases, with the exception of antitrust matters. The Department-wide CEP is designed to incentivize corporate self-reporting by providing benefits—including a presumption of declination of criminal prosecution—to companies that timely voluntarily disclose potential misconduct, fully cooperate with the DOJ’s investigation and remediate any misconduct. The new policy builds upon and expands the Criminal Division CEP, which was most-recently revised in May 2025. Read more: https://lnkd.in/dWyKxPVF By: James J. Benjamin Jr., Charles Connolly, Katherine Goldstein, Gerry Moody, Stacey Mitchell, Jonathan Poling, Ryan Fayhee, Michael Asaro, Parvin M., Peter Altman, Lance Jasper, Annie Evans, George Pence, Alexis Guinan, Opher Shweiki, Abby Kohlman, Samuel Salyer, Jessica Maloney and Stephanie Ondrof (Comstock)

Is this the one corporate enforcement policy (CEP) to rule them all? Do we need a “policy” on how to read and harmonize all of the CEPs out there? Time will tell, but for now our client alert unpacks the new “Department-wide” CEP and what it means for companies.

Reposting this alert from my colleagues, breaking down DOJ's policy announcement March 10, 2026, on criminal corporate enforcement. As they explain, the new DOJ policy imposes additional uniformity across DOJ's criminal prosecutions of corporations and continues to incentivize self-disclosure, cooperation, and remediation as DOJ has in the past. Companies can receive some credit in criminal matters for self-disclosures to the Civil Division and other agencies, even though they are not disclosures to the Criminal Division. DOJ's new criminal corporate enforcement policy does not change the separate DOJ policy, dating back to 2019, of providing credit in False Claims Act settlements for self-disclosure, cooperation, and remediation. Companies facing criminal exposure as well as civil False Claims Act exposure will want to consider both policies in deciding how to proceed. DOJ's Guidelines for Taking Disclosure, Cooperation, and Remediation into Account in False Claims Act Matters are laid out here: https://lnkd.in/e_7TA6Tu. I saw how these applied in practice in many settlements when I supervised False Claims Act matters at DOJ.

A new voluntary disclosure program from SDNY may alter the disclosure calculus for companies that discover misconduct. The framework tracks much of the Criminal Division’s Corporate Enforcement Policy: self-disclose, cooperate, remediate, and earn a declination. The difference? SDNY is offering a conditional declination in weeks, not years—in exchange for some meaningful ongoing obligations. Brandon Moss and I break down how it compares to the Criminal Division's policy here: here: https://lnkd.in/e-tYuCXK

On March 10, 2026, the Department of Justice (DOJ) announced its inaugural Department-wide policy on corporate enforcement, setting uniform standards and incentives for companies to voluntarily self-disclose misconduct, cooperate, and remediate. The new policy aims to: 1. Drive early, voluntary self-disclosure of criminal conduct. 2. Promote timely and effective enforcement of criminal laws, ensuring accountability for culpable individuals. 3. Reduce harm. 4. Facilitate prompt remedial action, including requiring companies to compensate victims and address corporate deficiencies. 5. Ensure consistency across the Department. 6. Transparently describe the Department’s policies and decision-making processes. This comprehensive Corporate Enforcement Policy offers predictability for companies, as it applies to all corporate criminal cases across the Department, excluding antitrust cases.

The DOJ is rolling out a policy across divisions to encourage companies to report criminal misconduct in exchange for reduced penalties and other benefits, according to a DOJ memo shared with Reuters on March 10. The policy, similar to one already offered by the DOJ's criminal division in Washington, would for the first time apply across U.S. attorneys' offices and divisions, except for antitrust cases. The change marks an effort to address criticism that cooperation benefits have been inconsistent in the past. The new ⁠policy, detailed in a memo, will offer tiers of reduced penalties for companies that report criminal misconduct and cooperate with government investigators. ‘Well-intentioned businesses know that, across the Department, they will be rewarded when they self-disclose wrongdoing, cooperate with our investigations, and remediate the misconduct,’ Deputy Attorney General Todd Blanche said in a statement. Read more here: https://reut.rs/4cDiT7W

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The Department of Justice (DOJ) announced a new department-wide Corporate Enforcement and Voluntary Self‑Disclosure Policy (the CEP) on March 10, 2026, creating a centralized framework governing how companies receive credit for voluntary self-disclosure across the DOJ – namely through either a declination of prosecution or a non-prosecution agreement. The CEP attempts to resolve uncertainty created by inconsistent disclosure policies across DOJ components and U.S. Attorney's Offices. The DOJ's announcement underscores the CEP's purpose of encouraging voluntary self‑disclosure by companies and robust cooperation in investigations that may result in the prosecution of individual offenders, "all while not unduly burdening American businesses." While largely reflective of the same principles the DOJ articulated in May 2025, the CEP (a) applies across the DOJ's entire Criminal Division (with the exception of antitrust prosecutions), (b) is intended by the DOJ to supersede all component-specific or U.S. Attorney's Office-specific policies, and (c) includes important, practical information – including a flow chart – for companies navigating whether to self-report. Read more: https://lnkd.in/g9X-SMVT By Sean O'Connell, Lindsay Ray, and Annie McGuire Kenville

On March 10, 2026, the Department of Justice released the first-ever Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (the “Department-wide CEP” or “Policy”), which applies to all non-antitrust corporate criminal cases across the Department. The new policy has been anticipated since December 2025, when Deputy Attorney General Todd Blanche announced the Department’s plans to release a new, single corporate enforcement policy for all criminal matters. According to the Department, the new policy is designed to “help ensure consistency across the Department” and “transparently describe the Department’s policies and decisionmaking.” Read more from Crowell's Derek Hahn, Agustin D. Orozco, Tom Hanusik, Glen McGorty, Andrea Surratt, Alexander Kramer, Stacey Geis, Jennie Wang VonCannon, Jeffrey Severson, Katherine Quinn, and Isabella Ordorica-Toailoa: https://lnkd.in/daX6Kba5

Important new DOJ policy surrounding corporate criminal prosecutions and how companies can receive a declination if they fully disclose the misconduct, fully cooperate, and fully remedy the problem (so long as no aggravating factors are present).