The Justice Department is encouraging companies to voluntarily disclose criminal violations — “Come in and confess” and DOJ offers promises of a declination.  But even a declination comes with a requirement: the company has to pay disgorgement

In the latest declination case, Boston Consulting Group (“BCG”) earned a declination for FCPA violations stemming from conduct in Angola.  BCG, a management consulting firm, earned the declination after self-disclosing the conduct, cooperating with the investigation and remediation of its compliance program.

In an earlier case in April 2024, Proterial Cable America, formerly Hitachi Cable America Inc. (“Hitachi Cable”), was criminally liable for wire fraud and conspiracy, and Hitachi Cable earned a declination and agreed to pay $15.1 Million in disgorgement.