Clifford Chance

Are You Extraordinary? DOJ's New Corporate Enforcement Guidance Puts Companies to the Test but Offers New Rewards to Encourage Disclosures, Cooperation, and Remediation

January 19, 2023

On January 17, 2023 the U.S. Department of Justice ("DOJ") Criminal Division announced the Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy ("Revised Policy") as part of DOJ's ongoing efforts to incentivize self-reporting of corporate misconduct. The Revised Policy updates the DOJ's 2017 Foreign Corrupt Practices Act ("FCPA") Corporate Enforcement Policy ("CEP"), which first introduced the presumption that a company could receive a declination in FCPA matters. The Revised Policy applies to all corporate criminal matters handled by the Criminal Division, and reflects the DOJ's ongoing public efforts to incentivize companies expeditiously to voluntarily disclose and remediate misconduct, and cooperate fully with Criminal Division investigations. This announcement builds on prior September 2022 DOJ Guidance that set forth a more aggressive approach to corporate criminal enforcement.

Download PDF