DOJ Clarifies Expanded Scope of FCPA Corporate Enforcement Policy In Effort to Further "Partner" With Business

On September 27, 2018, Matthew Miner, a Deputy Assistant Attorney General in the U.S. Department of Justice’s (“DOJ”) Criminal Division, delivered a speech in which he clarified the DOJ’s enforcement policies, underscored the success that existing enforcement policies have enjoyed, and emphasized that companies and their lawyers should view the DOJ “as partners, not adversaries.”1 In his role, Miner oversees the Criminal Division’s Appellate and Fraud Sections, the latter of which includes the Foreign Corrupt Practices Act (“FCPA”), Health Care Fraud, and Securities and Financial Fraud Units.

In particular, Miner’s speech: (1) announced that the DOJ’s FCPA Corporate Enforcement Policy will apply to all potential wrongdoing uncovered during M&A deals, not just FCPA violations, thus seeking to incentivize companies to voluntarily self-disclose, cooperate with the DOJ, and remediate such violations; (2) highlighted that the DOJ may grant declinations under its FCPA Corporate Enforcement Policy even where “aggravating circumstances” exist; and (3) emphasized continued cooperation with foreign authorities.

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