white-collar crime Will the New Safe Harbor Policy Create a Safe Haven for Companies Reporting Misconduct Discovered in M&A?
The U.S. Department of Justice (DOJ) is adding to its toolkit to encourage voluntary self-disclosures in the corporate criminal enforcement space—this time in connection with mergers and acquisitions. Under the new M&A Safe Harbor Policy, such acquiring firms will receive the presumption of a declination, presuming the acquiring company timely self-reports the misconduct, cooperates in the investigation, and engages in appropriate and timely remediation.
December 01, 2023 at 12:00 PM
8 minute read
The U.S. Department of Justice (DOJ) is adding to its toolkit to encourage voluntary self-disclosures in the corporate criminal enforcement space—this time in connection with mergers and acquisitions (M&A).
On Oct. 4, 2023, Deputy Attorney General (DAG) Lisa Monaco announced a new DOJ M&A Safe Harbor Policy, under which companies that timely and voluntarily self-disclose criminal misconduct discovered during pre- or post-acquisition due diligence will receive the presumption of a declination of prosecution.
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