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FCPA

Top DOJ Official Announces New FCPA Policy for M&A Transactions

At an American Conference Institute event on July 25, 2018, Department of Justice (DOJ) Deputy Assistant Attorney General Matthew Miner announced the extension of the Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy (the Policy) to mergers and acquisitions. Miner clarified that successor companies that discover wrongdoing in connection with mergers and acquisitions will receive a strong presumption that the DOJ will decline to bring charges provided those companies self-disclose potential FCPA violations, fully cooperate with the DOJ in any ensuing investigation and remediate potential violations. Miner also encouraged acquiring companies that discover possible corruption concerns in the due diligence process to seek guidance from the DOJ before finalizing the deal. Miner’s remarks otherwise emphasized the DOJ’s commitment to FCPA enforcement and to continuing current FCPA policies, suggesting little change in such enforcement during the coming years of the Trump administration.

Source: Sidley Austin LLP – Ike Adams, Leslie A. Shubert, Angela M. Xenakis and Craig Francis Dukin | Lexology

 

Top DOJ Official Announces New FCPA Policy for M&A Transactions

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