Anthony Mirenda, partner and co-chair of the firm's White Collar Crime & Government Investigations Practice, recently commented in Anti-Corruption Report on Bosch's settlement with the Department of Justice's National Security Division, the first declination under DOJ's new Corporate Enforcement Policy.
Mirenda noted that Bosch's timely disclosure, cooperation with DOJ and prompt remediation efforts were key considerations in the declination. "When Bosch discovered the problem, it is likely that it acted very quickly to stop the offending shipments and disclosed clearly where those products went," he said.
He also emphasized the importance of consulting experienced outside counsel when facing these critical choices, saying that "experienced counsel can help a company make the decision as to when and how to make an initial disclosure."
As the government ramps up export control enforcement, particularly for companies doing business in China, Mirenda believes the Bosch case is a reminder for companies of the importance of continually refreshing their compliance frameworks to properly assess their exposure to risk.