New Safe Harbor Policy for Voluntary Self-Disclosures Made in Connection With Mergers and Acquisitions
Deputy Attorney General Lisa Monaco Announces Additional Incentives for Acquiring Companies to Voluntarily Disclose and Remediate Misconduct Identified at Acquired Companies
On October 4, 2023, the U.S. Department of Justice announced a new “Safe Harbor Policy” providing that acquiring companies can be entitled to a presumption that the DOJ will decline to prosecute them if they make voluntary self-disclosures of potential criminal misconduct with respect to conduct identified in connection with mergers and acquisitions. The policy outlines new specific time frames for acquirers to disclose and remediate misconduct discovered at the acquired entity in order to provide incentives for dealmakers to heighten their focus on the role of compliance in M&A transactions.
