Or e The company discovered that its employees had received competitor bid information from a third apter party with connections to the foreign government. Resolutions e The company began an internal investigation, withdrew its contract bid, terminated the employees involved, severed ties to the third-party agent, and voluntarily disclosed the conduct to DOJ’s Antitrust bribes paid by a small foreign subsidiary. Factors taken into Division, which also declined prosecution. consideration included: e During the internal investigation, the company e The company self-reported the conduct to DOJ uncovered various FCPA red flags, including prior and SEC. concerns about the third-party agent, all of which e The total amount of the improper payments was the company voluntarily disclosed to DOJ and SEC. relatively small, and the activity appeared to be e The company immediately took substantial steps to an isolated incident by a single employee at the improve its compliance program. subsidiary. e The profits potentially obtained from the improper Example 2: Public Company Declination payments were very small. DOJ and SEC declined to take enforcement action e The payments were detected by the company’s against a public U.S. company. Factors taken into consider- existing internal controls. The company’s audit ation included: committee conducted a thorough independent e With knowledge of employees of the company’s internal investigation. The results of the investiga- subsidiary, a retained construction company tion were provided to the government. paid relatively small bribes, which were wrongly e The company cooperated fully with investigations approved by the company’s local law firm, to for- by DOJ and SEC. eign building code inspectors. e The company implemented significant remedial e When the company’s compliance department actions and enhanced its internal control structure. learned of the bribes, it immediately ended the conduct, terminated its relationship with the con-