Quote:
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
The disclosure must include all relevant facts known to the company or individua
l at
the time of the disclosure, including all relevant facts about the individuals involved
in the misconduct.
o
The Division recognizes that, at the time of the first voluntary disclosure, the
company or individual may not yet know all of the relevant f
acts, or the full
extent of the misconduct. To encourage voluntary disclosure at the earliest
possible time, the Division will still recommend full credit for the company or
individual
—
assuming compliance with the other requirements
—
where the
company or i
ndividual made best efforts to ascertain the relevant facts at the
time of disclosure, fully disclosed the facts known at that time, continued to
investigate, and disclosed additional relevant facts as they came to light.
2.
Full cooperation:

To receive ful
l credit
under this self
-
reporting program
, the company/individual must
adher
e to the terms of the Division’s January
2017 Advisories.
3.
Timely and appropriate remediation of flaws in compliance and control programs:

Will be fact and circumstance
dependent.
Credit
:

If the company or individual self
-
reports, fully cooperates, and remediates, the
Division will recommend the
most substantial reduction in
the civil monetary penalty
that otherwise would be applicable.
o
In extraordinary circumstances
—
for example where misconduct is pervasive
across an industry
and
the
company
or individual
is
the
first to self
-
report
—
the Division may recommend a declination of prosecution.

In all instances,
the company or individual
will
be required to disgorge
profits
(and,
where applicable, pay restitution)
resulting from
any
violations.