Richard L. Cassin Publisher and Editor

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Elizabeth K. Spahn Editor Emeritus

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DOJ declination for Newmont Mining

Newmont Mining Corporation said in an SEC filing Tuesday that the DOJ is closing its FCPA investigation of the company.

That ends the government investigation. Newmont disclosed earlier this year that it received a declination letter from the SEC for the same matter.

The company said in Tuesday's filing it received the DOJ declination letter in June 2017, according to an alert from FCPA Tracker.

Colorado-based Newmont disclosed last year that it was investigating some business activities outside the United States. The investigation included a review of compliance with the FCPA by Newmont and its affiliates and contractors.

During 2016, the gold mining giant entered into agreements with the SEC and DOJ to toll the statute of limitations relating to the investigation.

Tolling agreements extend the time when prosecutors and regulators can bring enforcement actions.

The statute of limitations for the FCPA is five years. Courts can extend the statute of limitations at the request of the DOJ for three more years to give the government time to gather foreign evidence.

Tuesday's disclosure said the DOJ acknowledged Newmont's "cooperation in the investigation."

The company has about 28,000 employees and contractors. It operates in the United States and in Australia, New Zealand, Peru, Indonesia, and Ghana.

Newmont Mining Corporation trades on the NYSE under the symbol NEM.


Richard L. Cassin is the publisher and editor of the FCPA Blog.