M&A: DoJ stresses cooperation is key

Author: John Crabb | Published: 31 Jul 2018

The Department of Justice (DoJ) has clarified its stance on how the Foreign Corrupt Practices Act (FCPA) can be used as a tool to fight corruption within the context of M&A, and re-emphasised existing – but underused – programmes that corporates can utilise.

Deputy assistant attorney General Matthew Miner, speaking at the American Conference Institute 9th Global Forum on Anti-Corruption Compliance in High Risk Markets, flagged that the 2012 Resource Guide’s language is not as clear as the 2017 FCPA Corporate Enforcement Policy’s. 

In the speech, Miner offers companies some comfort that in a situation where they are engaged in acquiring another company and uncover potential FCPA issues, as long as they do their due diligence, there is no need to walk away from the deal. They can instead take advantage of the FCPA corporate enforcement policy.

"The FCPA corporate enforcement policy does not represent a radical...