Guidance on Reducing FCPA Risk in M&A and Examples of Predecessor Liability

Summary

Guidance on Reducing FCPA Risk in M&A and Examples of Predecessor Liability The passage outlines procedural advice for companies to mitigate FCPA exposure during mergers and acquisitions and cites several case examples where the DOJ and SEC pursued enforcement against predecessor firms rather than acquirers. While it does not name high‑profile individuals or reveal new wrongdoing, it provides concrete leads—specific DOJ opinion release numbers, settlement amounts, and procedural steps—that could be useful for investigators tracking corporate compliance failures and potential successor liability strategies. Key insights: DOJ Opinion Release 08-02 is cited as a precedent for seeking pre‑acquisition guidance.; The DOJ and SEC encourage risk‑based due diligence, rapid policy integration, training, audits, and disclosure of corrupt payments.; Case examples include an Ohio health‑care company that uncovered FCPA violations pre‑closing, leading to a $2 M criminal fine and $500 k civil penalty for the target subsidiary.