Lifecore Biomedical Declination Exemplifies 2023’s Self-Disclosure Trend

Toward the end of an eventful year in FCPA enforcement, November saw the DOJ issue a Declination Letter to Lifecore Biomedical, Inc. The DOJ said it would not prosecute Lifecore for FCPA violations committed by Yucatan Foods L.P., a company it acquired, because Lifecore satisfied multiple factors under the Corporate Enforcement Program, the updated Corporate Enforcement and Voluntary Self-Disclosure Policy, and the Safe Harbor Policy. Multiple times this year, DOJ officials have encouraged companies to self-disclose misconduct to earn benefits under revised policies. Against that backdrop, this article draws lessons from the Lifecore declination and two other 2023 declinations, with insights from Withersworldwide, Steptoe & Johnson, Hughes Hubbard & Reed, Womble Bond Dickinson and Mololamken. See “Reading the Regulators: Shifts in FCPA Enforcement” (Aug. 16, 2023).

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