What The Dramatic Rise In FCPA Enforcement Means For M&A

Law360 (August 1, 2019, 5:03 PM EDT) -- A recent expansion by the U.S. Department of Justice to its Foreign Corrupt Practices Act's Corporate Enforcement Policy, or CEP, has gone largely unnoticed, but the shift in policy now provides new incentives for companies to self-report misconduct that is discovered after a merger or acquisition, while also raising the specter of increased exposure for companies and executives who sell assets tainted by corruption.

In prepared remarks to white collar practitioners in Prague this June, a senior DOJ official announced the policy shift, explaining that acquiring companies in M&A deals now have the opportunity to obtain a declination of criminal charges...

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