To Self-Report or Not to Self-Report: DOJ's New ‘Safe Harbor’ Policy Tries to Answer the Question for M&A Cases
It is one of the hardest questions a company can face: after discovering criminal conduct inside your company, do you self-report to the government or not? The reality is that when faced with the question of self-reporting, most companies generally believe it would be unwise to voluntarily self-report criminal conduct. Recent statements by senior Department of Justice (“DOJ”) officials, however, strongly suggest that significant policy changes are afoot in the mergers and acquisitions (“M&A”) space that will create a formal “safe harbor” and significant new incentives.
In this program, our panel of white collar attorneys will discuss:
- The DOJ’s Evolving Steps Toward Incentivizing Self-Reports
- New Incentives in DOJ’s M&A Safe Harbor Policy
- The Significant Disincentives that May Still Exist, Despite These Changes
- Key Takeaways for Companies
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