The policy expands upon DOJ’s efforts to encourage self-reporting of criminal violations discovered during M&A and other transactions.

On October 4, 2023, US Deputy Attorney General Lisa Monaco announced a new Department of Justice (DOJ or Department) Mergers & Acquisitions Safe Harbor policy (Safe Harbor), which encourages acquiring companies in M&A transactions to voluntarily self-disclose criminal misconduct they discover through the acquisition of a target. Acquiring companies that qualify will be entitled to the presumption of a criminal declination. The Safe Harbor creates opportunities for buyers to address challenging issues that they might inherit through an M&A deal, while also creating new pressures on buyers to thoroughly diligence target companies’ practices.