Compliance Perspectives

By Adam Turteltaub On October 4, 2023 at the SCCE Compliance & 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. 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. She also shared how the Department of Justice has been fighting corporate crime including: The expansion of corporate enforcement efforts in the national security realm New tools DOJ is using to penalize corporate misconduct and provide invectives for good corporate