Last week, we had yet another policy announcement from the Justice Department about FCPA enforcement in the wake of the FCPA Corporate Enforcement Policy (new Policy) announced in November 2017. Deputy Assistant Attorney General Matthew S. Miner speaking at the American Conference Institute 9th Global Forum on Anti-Corruption Compliance in High Risk Markets,continued the discussion around FCPA enforcement since the announcement of the new Policy. First there was the anti-piling one policy. Now there is the M&A policy.
Yet once again this new M&A policy is simply a continuation and clarification of the old M&A enforcement policy. The key components from new Policy are “This means companies that promptly report misconduct, fully cooperate with the Department, and enact effective remedial measures after misconduct is detected will be presumed eligible for a declination of prosecution, subject to disgorgement of ill-gotten gains. The Policy also includes incentives for companies that fail to promptly self-disclose, but otherwise meet the Policy’s cooperation and remediation terms.”
