DOJ Announces Unified Corporate Enforcement Policy

On March 10, 2026, the Department of Justice  (“DOJ”) unveiled a first-ever Department-wide corporate enforcement policy. Deputy Attorney General Todd Blanche recently stated the policy will ensure that “every case is evenhanded, while accounting for the particular challenges posed by the breadth of [the Department’s] cases.” The new policy is intended to promote consistency and transparency and replaces the former patchwork of division-specific enforcement guidelines, although Sherman Act cases will remain subject to a separate policy by the Antitrust Division.

The policy establishes a three-tiered structure that governs how companies will be treated based on certain mitigating or aggravating factors.  Under Tier I, companies may avoid prosecution entirely if they (i) self-disclose misconduct to DOJ, (ii), fully cooperate with the investigation, (iii) timely and appropriately remediate any issues, and (iv) have no aggravating circumstances (e.g., serious harm, pervasive misconduct, or similar violations within 5 years).  That said, even if a company receives a complete declination, it must still pay disgorgement, forfeiture, and victim compensation, and all declinations will be made public.

Tier II applies to companies that fully cooperate and remediate any issues, but are “Near Miss Voluntary Self-Disclosures,” i.e. when a company self-discloses but does not technically meet the voluntary disclosure requirements, or where there are other aggravating factors that make them ineligible for a Tier I resolution.  These companies will receive a Non-Prosecution Agreement (NPA) for a term less than three years without the requirement of a monitor, and any fine will be reduced by 50-75% of the low end of the sentencing guidelines.  

If a company is not eligible for Tier I or Tier II, prosecutors maintain discretion to determine whatever resolution the Department of Justice deems appropriate.  With respect to monetary penalties, Companies that do not qualify for Tier I or Tier II will be ineligible for more than a 50% fine reduction. 

The policy continues DOJ’s efforts to incentivize early self-reporting and cooperation. DOJ’s policy makes clear that the earlier and more thoroughly a company self-discloses and cooperates, the more leniency it receives—ranging from no prosecution to significantly reduced penalties. Its stated goal is to allow the Department to “quickly pursue culpable individuals, secure justice for victims, and deter white-collar crime, all while not unduly burdening American businesses.”  However, DOJ officials have recently emphasized these revisions are “not shields for criminal conduct” and thus any decisions as to whether to self-disclose possible wrongdoing must be made in close consultation with white-collar practitioners as the DOJ’s approach continues to evolve.