Under the FCPA Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy, when a company has voluntarily self-disclosed misconduct in an FCPA matter (or other criminal matters handled by the Criminal Division), fully cooperated, and timely and appropriately remediated, all in accordance with the standards set forth in the policy, the company will receive a declination, absent aggravating circumstances involving the seriousness of the offense, the nature of the offender, the egregiousness or pervasiveness of the misconduct, the severity of the harm, or criminal recidivism.  The company would still have to pay all disgorgement, forfeiture, and restitution resulting from the misconduct at issue, but would avoid fines absent aggravating circumstances.¹