ANTICORRUPTION DEVELOPMENTS -
DOJ Extends FCPA Corporate Enforcement Policy to Misconduct in Mergers and Acquisitions -
On July 25, 2018, in a speech to the Ninth Global Forum on Anti-Corruption Compliance in High Risk Markets, Deputy Assistant Attorney General Matthew Miner announced that the Department of Justice (DOJ) will extend its Foreign Corrupt Practices Act (FCPA) Corporate Enforcement Policy to mergers and acquisitions (M&A). The announcement confirms that, in a merger or acquisition, an acquiring or successor company that discovers and subsequently voluntarily reports potential misconduct, cooperates with any resulting investigation and takes appropriate remedial measures the acquiring company will be entitled to a presumption of non-prosecution and potentially lower monetary penalties. Miner noted that application of the FCPA Corporate Enforcement Policy to the M&A space is designed to encourage successor company “leadership to take the steps outlined in the FCPA Policy, and... to reward them accordingly for stepping up, being transparent, and reporting and remediating the problems they inherited.”
Jury Convicts Coal Company Executive and Lawyer of Domestic Bribery in Alabama -
On July 20, 2018, a jury in Alabama convicted David Roberson, vice president for government and regulatory affairs at Drummond Co. Inc., and former Balch and Bingham partner Joel Gilbert of bribery, honest services wire fraud, conspiracy and concealment-money-laundering conspiracy for corrupt payments made to a former Alabama state legislator, Oliver Robinson, in order to avoid Environmental Protection Agency (EPA) cleanup penalties...
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