Consent Decree

AdvancedRegulation & Compliance2 min read

Quick Definition

A legal agreement between a regulatory agency and a company resolving alleged violations without the company admitting or denying wrongdoing.

Key Takeaways

  • Court-approved agreement resolving regulatory violations without trial
  • Defendant typically neither admits nor denies the allegations
  • Legally binding — violations can lead to contempt charges
  • Common in SEC, FTC, and DOJ enforcement actions

What Is Consent Decree?

A consent decree is a formal agreement, approved by a court, between a regulatory agency (such as the SEC, FTC, or DOJ) and a defendant company or individual that resolves enforcement actions without a full trial. The respondent typically neither admits nor denies the allegations but agrees to specific remedial actions, such as paying fines, implementing compliance improvements, or ceasing certain practices. Consent decrees are binding and enforceable by the court — violating their terms can result in contempt charges and additional penalties. They are commonly used in securities enforcement, antitrust cases, and environmental regulation because they provide faster resolution, reduce litigation costs, and achieve regulatory objectives without the uncertainty of trial. Critics argue the "neither admit nor deny" provision lacks accountability.

Consent Decree Example

  • 1Goldman Sachs entered a consent decree with the SEC over the Abacus CDO case, paying $550 million without admitting wrongdoing.
  • 2If a company violates the terms of a consent decree, the court can impose contempt sanctions and additional penalties.
  • 3SEC Chair Mary Jo White attempted to end the "neither admit nor deny" practice for the most egregious cases.