DOJ willing to offer leniency to companies that report bribery in newly acquired firms
MLex Market Insight
MLex Market Insight
4.9 • 9 Ratings
🗓️ 4 September 2018
⏱️ 8 minutes
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| 0:00.0 | Hello and welcome to another MLEX podcast. I'm Amy Miller, Mlex a senior privacy and data security reporter in San Francisco, California. |
| 0:19.6 | Companies used to face complex uncertainties if they |
| 0:22.2 | acquired a business and then found evidence of past bribery, but new rules from the U.S. |
| 0:26.8 | Department of Justice may ease that pressure. Here to talk about those new rules and what they |
| 0:31.6 | mean for companies is Robert Thomason, one of our correspondents in Washington, D.C. Hi, Robert. |
| 0:36.6 | Hey Amy, how are you doing? Good, D.C. Hi, Robert. Hey, Amy. |
| 0:37.5 | How are you doing? |
| 0:38.4 | Good, good. |
| 0:39.9 | So why is the Justice Department now willing to let companies self-report bribery and avoid prosecution? |
| 0:45.7 | What's changed? |
| 0:46.6 | What has changed is they have announced a policy that gives a presumption of declination of prosecution. |
| 0:57.0 | Previously they had a pilot project where in which a company that self-reported and remediated |
| 1:05.0 | could get credit, could avoid prosecution. But last year they changed that to a presumption of a declination. |
| 1:14.9 | The other thing that has changed is that last month they announced an emphasis on mergers |
| 1:21.5 | and acquisitions, that they would be paying special attention to companies that acquire other companies and find that bribery had occurred. |
| 1:31.4 | So is this something that the Obama administration started? |
| 1:34.3 | Was this a pilot project with the Obama administration? |
| 1:36.7 | The Obama administration did start the pilot project that held out the possibility of a |
| 1:45.9 | declination of prosecution. |
| 1:48.9 | And then the Trump Sessions Justice Department beefed it up and made it a presumption |
| 1:58.0 | of declination. |
| 1:58.8 | So yes, the original idea was out of the Obama administration. |
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