Skip to content

To Self-Report or Not to Self-Report: DOJ's New ‘Safe Harbor’ Policy Tries to Answer the Question for M&A Cases

Navigating Series Background Decorative Image

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

Vinson & Elkins LLP is an accredited sponsor, approved by the State Bar of Texas Committee on MCLE. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours. Vinson & Elkins has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York for the current period. This Transitional and Non-Transitional continuing legal education program has been approved in accordance with the Continuing Legal Education Board of the State of New York for a maximum of 1.00 credit hours, in the area of Professional Practice. Vinson & Elkins LLP is a Multiple Activity Provider for The State Bar of California. This activity is approved for 1.00 general hours. Vinson & Elkins is registered with the Texas State Board of Public Accountancy as a CPE sponsor. This registration does not constitute an endorsement by the board as to the quality of our CPE program. This course is eligible for 1.00 CPE credit hours, of which 1.00 hours can be applied to the area of Other. No prerequisites required.

This information is provided by Vinson & Elkins LLP for educational and informational purposes only and is not intended, nor should it be construed, as legal advice.