Brandon Van Grack spoke to Foreign Investment Watch about the Department of Justice’s (DoJ) recently enhanced premium on voluntary self-disclosure in an effort to combat national security-related corporate crime. DoJ recently declined to prosecute MilliporeSigma, a life sciences product provider, after its involvement in facilitating millions of dollars of fraudulent orders due to five key points outlined by the Department: Timely and voluntary self-disclosure, cooperation, lack of imminent threat, remediation, and victimization.
Brandon noted that this lack of prosecution may be an outlier in cases such as this: “Based on the conduct of the individuals, it is unclear what criminal exposure the company really had. So, this would typically have resulted in there being no need for the company to have entered into any agreement. I expect in the future most companies under such circumstances to vigorously fight against any agreement for such conduct.”
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