Under the FCPA Corporate Enforcement Policy, when a company has voluntarily self-disclosed misconduct in an FCPA matter, fully cooperated, and timely and appropriately remediated, all in accordance with the standards set forth in the policy, there will be a presumption that the company will receive a declination, absent aggravating circumstances involving the seriousness of the offense or the nature of the offender.  The company typically would still have to pay all disgorgement, forfeiture, and restitution resulting from the misconduct at issue, but would avoid fines absent aggravating circumstances.  Aggravating circumstances that could result in a criminal resolution include, among other factors, (i) involvement by executive management of the company in the misconduct; (ii) a significant profit to the company from the misconduct; (iii) pervasiveness of the misconduct within the company; and (iv) criminal recidivism.1


1 DOJ, Justice Manual 9-47.120.


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