Lisa Monaco on Voluntary Self Disclosures in Mergers & Acquisitions [Podcast]




Compliance Perspectives show

Summary: <a href="https://www.complianceandethics.org/wp-content/uploads/2015/02/turteltaub-adam-200x200.jpg"></a>By Adam Turteltaub<br> <br> On October 4, 2023 at the <a href="http://www.corporatecompliance.org">SCCE</a> Compliance &amp; Ethics Institute in Chicago, US Deputy Attorney General Lia A. Monaco spoke live from Washington to the attendees and used this opportunity to announce a new Safe Harbor Policy for voluntary self-disclosures made in the context of the merger and acquisition process.<br> <br> Under the policy, acquiring companies that promptly disclose criminal misconduct voluntarily within the six-month safe harbor period, cooperate with investigators and engage in remediation, restitution and disgorgement will receive the presumption of a declination. She also explained that, absent aggravating factors at the acquired company, it will not impact the acquiring company’s ability to receive a declination.<br> <br> She also shared how the Department of Justice has been fighting corporate crime including:<br> <br> * The expansion of corporate enforcement efforts in the national security realm<br> * New tools DOJ is using to penalize corporate misconduct and provide invectives for good corporate citizenship<br> * Areas where they see further opportunity for innovation and expansion<br> <br> Listen in to learn more and hear her underscore the importance of compliance programs, proper corporate incentive plans, and the DOJ’s expectation that the compliance team will have a seat at the deal table.