Or consider whether the case involves a possibly widespread industry practice that should be addressed, whether the hapter ! case involves a recidivist, and whether the matter gives SEC Guiding Principles an opportunity to be visible in a community that might not of Enforcement otherwise be familiar with SEC or the protections afforded by the securities laws. For more information about the Enforcement to cooperate in deciding whether a prosecution should Division’s procedures concerning investigations, enforce- be undertaken and how it should be resolved. Although a ment actions, and cooperation with other regulators, see willingness to cooperate will not, by itself, generally relieve the Enforcement Manual at http://www.sec.gov/divisions/ a person of criminal liability, it may be given “serious con- enforce.shtml. sideration” in evaluating whether to enter into a plea agree- ment with a defendant, depending on the nature and value Self-Reporting, Cooperation, and of the cooperation offered.”® Remedial Efforts The US. Sentencing Guidelines similarly take into While the conduct underlying any FCPA investiga- account an individual defendant’s cooperation and volun- tion is obviously a fundamental and threshold consider- tary disclosure. Under § 5K1.1, a defendant’s cooperation, ation in deciding what, if any, action to take, both DOJ if sufficiently substantial, may justify the government filing and SEC place a high premium on self-reporting, along a motion for a reduced sentence. And under § 5K2.16, a with cooperation and remedial efforts, in determining the defendant’s voluntary disclosure of an offense prior to its appropriate resolution of FCPA matters. discovery—if the offense was unlikely to have been discov- ered otherwise—may warrant a downward departure in Criminal Cases certain circumstances. Under DOJ’s Principles of Federal Prosecution of Chapter 8 of the Sentencing Guidelines, which gov- Business Organizations, federal prosecutors consider a erns the sent