In a recent speech, DOJ Criminal Division Deputy Assistant Attorney General Matthew Miner made clear that corruption issues inherited through a merger or acquisition will be covered by the FCPA Corporate Enforcement Policy. Acquirers that discover corruption in target companies can avoid or decrease fines and penalties if they self-report, cooperate and remediate after the deal closes, he said. However, he also suggested companies could avoid liability all together if they “slow down to assess risks” and seek a DOJ Opinion before completing the deal. See “Brian Ong of FTI Discusses Creating an M&A Anti-Corruption Due Diligence Game Plan and Getting the Most Out of Target Interviews
” (May 18, 2016).