Corporate resolution policy will provide greater clarity and predictability for companies that self-report and cooperate with DOJ.

Key Points:

..The new policy requires DOJ civil and criminal prosecutors to coordinate in order to avoid the imposition of multiple penalties for the same corporate misconduct.

..DOJ prosecutors also must, where practicable, coordinate with other federal, state, local, and foreign regulators in determining aggregate penalties for the same corporate misconduct.

..DOJ prosecutors will consider the timeliness and adequacy of a company’s disclosures as well as its cooperation, among other factors, when deciding whether a coordinated penalty is warranted.

..While many DOJ prosecutors had been engaging in this type of coordination already, the new policy makes this practice mandatory and should contribute to more predictable and palatable outcomes for companies facing multiple investigations.