Davis Polk partner Dan Kahn shared thoughts with Law360 on the Department of Justice’s latest updates to its corporate criminal enforcement policies, which aim to incentivize companies to self-disclose misconduct in specific circumstances. The new updates include steep discounts on fines and expanded eligibility for avoiding prosecution if a company self-discloses.

“If a company had made the affirmative decision not to [self-disclose] despite the significant carrots already contained in the Corporate Enforcement Policy, it seems unlikely that the additional discount, by itself, will be a game-changer,” Dan explained. “Until there is some clarity around these terms and how the Division will apply the policy, companies with aggravating circumstances may be reluctant to voluntarily self-disclose misconduct.”

“DOJ’s New Cooperation Carrots May Not Whet Cos.’ Appetites,” Law360 (February 8, 2023) (subscription required)

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