DOJ Fraud Division Sets Out Corporate Enforcement Policies in Memo
The DOJ's National Fraud Enforcement Division published a memorandum setting out the principles and procedures of its corporate enforcement program, giving defense counsel a consolidated view of its charging and cooperation approach.
On October 1, 2026, the DOJ's National Fraud Enforcement Division released a memorandum describing the principles and procedures of its corporate enforcement program. The Memo is a division-level policy statement rather than a case, holding or settlement, but it tells companies and their defense counsel how the Division intends to operate when corporate misconduct enters its orbit: what it weighs in charging decisions, how cooperation is assessed and credited, and the considerations shaping resolution terms.
That matters for major-firm clients because a division enforcement memo becomes a reference point in internal investigations and negotiations. It can inform how a company characterizes its remediation, whether to seek credit for self-disclosure, and how to calibrate expectations on penalties and monitorship discussions involving the Fraud Division. It also offers a benchmark against which other DOJ divisions' corporate enforcement policies can be compared.
Practically, counsel should read the Memo alongside the DOJ's broader corporate enforcement guidance and reassess disclosure and cooperation strategy where an investigation may migrate into the Division's portfolio. The reporting here is a summary; the full text should be reviewed before firm conclusions are drawn, and expectations remain fact-specific. Watch for follow-on guidance and for how the Memo is applied in charging decisions.