FCPA Liability in M&A Requires Careful Integration and Auditing

In an article for Corporate Compliance Insights, Robert Johnston, Valerie Charles, and Jamen Tyler write about the dangers of successor liability, in which corporations that acquire others can be charged for wrongdoing that happened years earlier. They highlight the DOJ’s official statement that “successor liability applies to all kinds of criminal and civil liabilities, and FCPA violations are no exception,” and note that 15 percent of FCPA enforcement actions involve M&A activities, both before and after the acquisition. To address that need, they offer a framework for conducting post-close integration and compliance audit activities that are not only efficient and cost-effective, but also defensible before U.S. enforcement agencies and other stakeholders.

Source:

• Corporate Compliance Insights: Did You Just Buy an FCPA Problem? How to Design Post-M&A Compliance Integration and Audit Plans