In the U.S. Department of Justice’s continuing efforts to incentivize voluntary disclosure of corporate misconduct, Deputy Attorney General Lisa Monaco announced the Criminal Division’s latest corporate self-disclosure policy this week, aimed at mergers and acquisitions specifically (remarks Here). Pursuant to DOJ’s new Mergers and Acquisitions Safe Harbor Policy (the “Policy”), acquiring companies that promptly and voluntarily disclose criminal conduct of the company to be acquired, and that cooperate and engage in remediation, will receive the presumption of a declination. The policy could represent a sea change in how companies evaluate the risk of self-reporting wrongdoing by acquisition targets that comes to light during and after the M&A due diligence process.
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