Through its January 2023 revisions to its Criminal Division’s Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP or policy), the U.S. Department of Justice (DOJ or department) has sought to encourage greater corporate self-reporting of potential criminal wrongdoing by increasing the potential benefits for companies that satisfy the criteria defined in the policy. At the same time, the DOJ has raised the bar in terms of what it takes to earn the increased benefits available under the revised policy. This article summarizes the main revisions to the policy and draws lessons learned from the outcomes of negotiated corporate resolutions concluded since its adoption to inform the thinking of in-house teams whether they engage with the department proactively or reactively regarding potential criminal wrongdoing.

The Revised Policy

The DOJ made three main changes to the policy.