If your company discovers that it may have committed criminal misconduct, you may be able to avoid prosecution entirely — but only if you act quickly and follow a newly streamlined federal roadmap. The US Department of Justice (DOJ) announced its first-ever agency-wide Corporate Enforcement and Voluntary Self-Disclosure Policy last week, allowing employers to reduce or even completely eliminate criminal penalties by self-disclosing the wrongdoing and taking other administrative steps.
The CEP, which you can read here, is in line with the May 2025 update to the DOJ’s Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy. DOJ described the CEP rollout as intended to promote “uniformity, predictability, and fairness in how it pursues white-collar cases.” This new policy is intended to supersede previously in-place DOJ component or district-specific corporate enforcement programs.
The CEP is applicable to potential criminal penalties an employer may face for violating various laws such as safety and health regulations, environmental compliance, immigration, and anti-bribery provisions. Antitrust matters are excepted from the policy. If found guilty of these criminal laws, an employer could face hundreds of millions of dollars in penalties, restitution, and ongoing external compliance monitoring.
But if employers discover misconduct, the new policy means that all hope...
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