The Department of Justice (DOJ) investigates organizations it suspects violated federal criminal laws. If the DOJ's investigation reveals a violation, it may seek to indict the organization or enter into a settlement agreement. An organization may face, among other things, a large fine, probation, debarment, public notice of conviction, disgorgement, restitution, or the imposition of a monitor.

If the DOJ pursues the matter, depending on the circumstances, an organization may choose to:

The rise in criminal enforcement and potential penalties for organizations make it important for organizations to understand how to navigate a DOJ criminal investigation. This Toolkit contains resources to help counsel representing an organization navigate a DOJ criminal investigation, including recognizing potential liability and cooperating with the DOJ.

Organizations typically conduct an internal investigation in response to a DOJ investigation. For a collection of resources to help counsel prepare for and conduct an effective internal investigation, see Conducting Internal Corporate Investigations Toolkit.

The Securities and Exchange Commission (SEC) investigates entities and individuals it suspects violated securities laws. For a collection of resources to help counsel represent organizations in all stages of the SEC's investigation and enforcement process, see SEC Enforcement Toolkit.