The Criminal Division's recent changes to its Corporate Enforcement and Voluntary Disclosure Policy represent a significant change in approach, at least on paper.
Under the revised policy, declinations will now be mandatory, rather than presumptive, for companies that voluntarily self disclose, fully cooperate, and remediate, absent aggravating circumstances.Companies that find themselves in "near-miss" situations because of timeliness problems or aggravating circumstances may now qualify for non-prosecution agreements (NPAs).
Compliance and Enforcement Article
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