Jonathan New, Elias Trahanas Article Explores Expansion of FCPA Corporate Enforcement Policy

Articles / February 5, 2019

Partner Jonathan New and Associate Elias Trahanas authored an article published in the February 2019 issue of Business Crimes Bulletin, a publication of The article, “Beyond the FCPA: M&A Due Diligence Under the Expanded DOJ Corporate Enforcement Policy,” discusses recent steps taken by the U.S. Department of Justice (DOJ) to expand its FCPA Corporate Enforcement Policy to all potential wrongdoing discovered by an acquiring company in the course of a merger or acquisition, not just FCPA violations. This enforcement policy was intended to promote fairness and predictability in FCPA corporate enforcement and to incentivize self-reporting.

New and Trahanas write: “While the business community should welcome DOJ’s steps to promote clarity and transparency through the expansion of the FCPA Corporate Enforcement Policy, acquiring companies should proceed with caution.” They urge robust pre-acquisition due diligence, post-acquisition review, rapid implementation of compliance policies and careful monitoring of DOJ announcements in this area.

Read the article.