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Criminal Prosecution Department of Justice (DOJ) Deferred Prosecution Agreements

The Volkov Law Group

Episode 333 -- The Boeing Proposed Plea Agreement

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The Boeing 737 MAX case took another dramatic turn.  On July 24, 2024, the Department of Justice filed with the United States District Court for the Northern District of Texas a proposed plea agreement with Boeing.  The plea...more

The Volkov Law Group

Deep Dive into Proposed Boeing Plea Agreement (Part II of III)

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DOJ and Boeing have entered into a proposed plea agreement that will require judicial scrutiny and determinations of the public interest and the victims’ rights under the Crime Victims’ Rights Act, 18 U.S.C. § 3771 [“CVRA”]. ...more

Thomas Fox - Compliance Evangelist

The DOJ Boeing Conundrum

The Department of Justice (DOJ) is currently in a conundrum over its Deferred Prosecution Agreement (DPA) for the Boeing 737 Max crashes. Understanding the implications of the DOJ’s upcoming decision on whether to prosecute...more

Goodwin

DOJ Seeks 10-Year Prison Sentences in First Consumer Product Safety Conviction

Goodwin on

This month, the government is asking for a pair of 10-year prison sentences for two Gree USA Inc. executives convicted of failing to report defective humidifiers. This comes after the two were found guilty of conspiracy to...more

Bradley Arant Boult Cummings LLP

DOJ Takes the Next Step in Its Effort to Increase Voluntary Self-Disclosures By Incentivizing Those Complicit in Wrongdoing

On April 15, the U.S. Department of Justice released The Criminal Division’s Pilot Program on Voluntary Self-Disclosures for Individuals (the “Pilot”) designed to encourage individuals to report certain types of criminal...more

Bradley Arant Boult Cummings LLP

“Take Me to the Pilot” – DOJ Announces Plan to Entice Self-Disclosures of Government Contract Fraud

On April 15, the U.S. Department of Justice released The Criminal Division’s Pilot Program on Voluntary Self-Disclosures for Individuals (the Pilot) designed to encourage individuals to report certain types of criminal...more

BakerHostetler

DOJ to Corporations - “Knock on Our Door Before We Knock on Yours”

BakerHostetler on

At last week’s ABA National White Collar Crime Institute, the leadership of the Department of Justice (the DOJ or the Department), including Attorney General Merrick Garland and Deputy Attorney General Lisa Monaco, made clear...more

Axinn, Veltrop & Harkrider LLP

Conspiracy Theories Newsletter, 2024 Edition: Eight Predictions for the Future of Cartel Enforcement

2023 was a dramatic year for criminal antitrust enforcement in the United States. The Antitrust Division of the U.S. Department of Justice (“DOJ”) garnered big wins: three convictions at trial,1 $267 million in criminal fines...more

The Volkov Law Group

Episode 305 -- Deep Dive into SAP FCPA Settlement

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SAP agreed to a three-year deferred prosecution agreement, in exchange for the payment of approximately $220 million in penalties for bribe payments made to South African and Indonesia government officials. DOJ’s resolution...more

Jones Day

DOJ Obtains First Divestitures in a Criminal Antitrust Case

Jones Day on

The U.S. Department of Justice Antitrust Division ("DOJ") recently resolved a criminal case with Teva Pharmaceuticals and Glenmark Pharmaceuticals via deferred prosecution agreements ("DPAs"), which include a novel remedy for...more

The Volkov Law Group

DOJ Settles Criminal Antitrust Charges with Teva and Glenmark for $305 Million

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The Antitrust Division has been active – like any aggressive prosecution strategy, however, its results have been mixed.  Its record in criminal cases has taken serious hits – a stunning set of losses in the chicken...more

Wilson Sonsini Goodrich & Rosati

What Companies Can Learn from the FirstEnergy/Ohio GOP “Dark Money” Scandal

In June, two prominent Ohioans were sentenced for their involvement in one of the largest political scandals in Ohio’s history. Former Speaker of the Ohio House of Representatives Larry Householder and former Chair of the...more

Blank Rome LLP

How the Crime Victims’ Rights Act Impacts Victims and Can Affect the Justice Department’s Resolution of Claims to Defraud the...

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In this article, the authors contend that federal prosecutors, when prosecuting conspiracies to defraud the government, would do well to not only consider potential victims outside the four corners of the conspiracy to...more

The Volkov Law Group

British American Tobacco Pays $629 Million to Settle Violations of North Korea Sanctions (Part I of II)

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The Justice Department warned  companies that sanctions enforcement is the “new FCPA.” DOJ just delivered its first salvo to back up its message....more

The Volkov Law Group

Lessons Learned from Ericsson’s DPA Breach: An Internal Investigation Nightmare (Part III of III)

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This is not your typical FCPA enforcement action Lessons Learned column.  Instead, Ericsson’s breach of its DPA presents a laundry list of internal investigation errors – as a practitioner in this area, this is the nightmare...more

The Volkov Law Group

Ericsson’s DPA Breach Conduct – Failures to Disclose and Report (Part II of III)

The Volkov Law Group on

Ericsson’s breach of its 2019 Deferred Prosecution Agreement reads like an internal investigation horror show.  It is every investigator’s nightmare scenario – failure to discover evidence that was available to inform and...more

The Volkov Law Group

Ericsson Settles Breach of 2019 FCPA Deferred Prosecution Agreement: Agrees to Plead Guilty, Pay $206 Million, and Extend...

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Ericsson, a multinational telecommunications company, based in Sweden, settled its breach of its 2019 Deferred Prosecution Agreement, agreed to enter a guilty plea and pay a $206 million penalty.  In 2019, Ericsson entered...more

Troutman Pepper

Recent Cases Demonstrate DOJ Strategy of Deferred Prosecution Agreements Alongside False Claims Act Suits

Troutman Pepper on

Two recent cases suggest that the Department of Justice (DOJ) may be more open to deferred prosecution agreements (DPAs) as a vehicle to resolve False Claims Act (FCA) suits. Just recently on January 4, the U.S. Attorney’s...more

Thomas Fox - Compliance Evangelist

Danske Bank: Part 4 – The Bank’s Response

We are exploring the Danske Bank A/S (Danske Bank), AML enforcement action in which Danske Bank pled guilty this week and agreed to forfeit $2 billion to resolve the US investigation into its fraud on US banks. According to...more

BakerHostetler

DOJ Corporate Compliance Certifications Appear to Be Here to Stay

BakerHostetler on

The compliance certification policy was first announced by Assistant Attorney General (Assistant AG) Kenneth Polite in March 2022, when he stated that for all criminal division “corporate resolutions (including guilty pleas,...more

Oberheiden P.C.

Recent DOJ Consumer Protection Branch Cases Highlight the Branch’s Enforcement Priorities

Oberheiden P.C. on

The U.S. Department of Justice’s (DOJ) Consumer Protection Branch works with other branches and federal law enforcement agencies to investigate and prosecute civil and criminal violations of the nation’s consumer protection...more

Lowenstein Sandler LLP

Deputy Attorney General Lisa O. Monaco Doubles Down on Prior Commitment to Aggressively Prosecute Corporate Crime

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On September 15, 2022, the Department of Justice (“DOJ”) announced several important changes to its policies for prosecuting corporate crime. Deputy Attorney General Lisa O. Monaco, who made the announcement in a speech at...more

A&O Shearman

DOJ announces new policies on corporate prosecution

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In a speech on September 15, 2022 and in a memo of the same date, U.S. Department of Justice (DOJ) Deputy Attorney General Lisa Monaco announced several new policies and issued several directives regarding the DOJ’s...more

McGuireWoods LLP

New DOJ Guidance on Corporate Criminal Enforcement

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On Sept. 15, 2022, U.S. Deputy Attorney General Lisa Monaco announced important guidance and new actions from the U.S. Department of Justice (DOJ or the Department) on corporate criminal enforcement. Her remarks, delivered at...more

Hogan Lovells

Stericycle DPA signals more aggressive use of independent compliance monitors

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On April 20, 2022, the U.S. Department of Justice (DOJ) announced it had entered a three-year deferred prosecution agreement (DPA) with Stericycle Inc. to resolve allegations that it violated the Foreign Corrupt Practices Act...more

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