Gregory F. Linsin and Holli B. Packer ●
The Department of Justice (“DOJ” or the “Department”) released its new Corporate Enforcement and Voluntary Self-Disclosure Policy (“CEP”) on March 10, 2026, establishing, for the first time, a single, comprehensive framework governing all corporate criminal matters handled by the Department, with the exception of antitrust offenses. While the CEP shares similarities with prior division-specific DOJ policies, a comparison to the previous Environmental Crimes Section’s Voluntary Self-Disclosure Policy (“ECS Policy”) reveals notable differences that maritime industry personnel should understand. As this policy landscape continues to evolve, stakeholders will need to monitor how these differences play out in practice before drawing conclusions about the new policy’s practical impact.
Background
Both the DOJ’s new CEP and the prior ECS Policy attempt to encourage responsible corporate behavior by providing incentives for companies to voluntarily self-disclose misconduct, cooperate with investigations, and remediate wrongdoing. The prior ECS Policy, drafted in accordance with the Deputy Attorney General’s September 2022 memorandum regarding corporate criminal enforcement policies, focused specifically on environmental criminal matters and the concerns they implicate, including protection of the environment, public health, worker safety, wildlife, and natural resources. The new CEP, by contrast, supersedes all division-specific policies and applies broadly to all corporate criminal matters handled by the Department, with the exception of antitrust violations under 15 U.S.C. §§ 1-38.
Continue reading “Navigating DOJ’s New Corporate Enforcement Landscape: Key Considerations for Environmental Voluntary Self-Disclosures”