DOJ Announces First-Ever Corporate Declination Under National Security Division's Voluntary Self-Disclosure Program

Key Points:

• On May 21, 2024, the DOJ announced its first ever declination under the NSD's updated Enforcement Policy, declining to prosecute Sigma-Aldrich Inc., d/b/a MilliporeSigma (a subsidiary of Merck KGaA, Darmstadt, Germany), for criminal violations of U.S. export controls committed by a MilliporeSigma employee.
• Central to its decision to decline prosecution was MilliporeSigma's timely voluntary self-disclosure, exceptional and proactive cooperation, and timely and appropriate remediation. DOJ also considered that the violations did not present a significant threat to national security, and that MilliporeSigma was itself victimized by the employee's fraudulent scheme. DOJ did not require MilliporeSigma to pay any disgorgement, forfeiture, or restitution, having not unlawfully obtained any gains from the offenses.