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FCPA Blog Daily News

Entries in Non-Prosecution Agreements (9)

Wednesday
Apr052017

FCPA chief leaving SEC

The Securities and Exchange Commission said Tuesday that Kara Novaco Brockmeyer, Chief of the Enforcement Division’s Foreign Corrupt Practices Act Unit, is planning to leave the agency later this month.

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Tuesday
Jun072016

Akamai, Nortek settle China bribe cases with SEC non-prosecution agreements

The Securities and Exchange Commission Tuesday announced non-prosecution agreements (NPAs) with two unrelated companies for bribes foreign subsidiaries paid to Chinese officials.

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Tuesday
Feb162016

PTC pays $28 million to resolve China FCPA offenses  

Two China units of Massachusetts software company PTC Inc. entered into a non-prosecution agreement and paid a $14.5 million criminal penalty Tuesday to resolve a DOJ investigation into payments for recreational travel by Chinese government officials that violated the Foreign Corrupt Practices Act.

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Tuesday
Oct072014

Pre-trial agreements are powerful corporate governance tools

One of the oft-made criticisms regarding the Department of Justice (DOJ) around its enforcement of the Foreign Corrupt Practices Act (FCPA) is its the use of Deferred Prosecution Agreements (DPAs) and Non-Prosecution Agreements (NPAs) somehow pervert the course of justice. Speaking from the perspective of a former in-house type, I have argued that corporations desire DPAs and NPAs because they bring certainty. Not only in ending an enforcement action but also in knowing your obligations going forward; they bring certainty in setting the fines and penalties to be paid for a FCPA violation. And, of course, if you enter into a DPA or NPA you bring your corporate client the certainty that you will not ‘Arthur Anderson’ your organization out of existence.

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Wednesday
Nov132013

SEC in first deferred prosecution agreement with an individual

The SEC said Tuesday it was entering into a deferred prosecution agreement with a former hedge fund administrator named Scott Herckis who helped the agency end a fraud involving a hedge fund manager stealing investor assets.

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Thursday
May232013

For corporate defendants, there will (probably) be blood

Some members of Congress are evidently concerned that corporate defendants are getting off the hook. Too many deferred- and non-prosecution agreements, and not enough criminal indictments.

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Wednesday
Apr242013

Ralph Lauren files FCPA disclosure

In a special SEC filing, Ralph Lauren Corporation described its resolution Monday of FCPA offenses with the DOJ and SEC by the first-ever use of dual non-prosecution agreements.

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Monday
Apr222013

Ralph Lauren lands first double non-prosecution deal for Argentina bribes

Ralph Lauren Corporation will pay $1.6 million in combined penalties to the DOJ and SEC in exchange for unprecedented dual non-prosecution agreements after admitting its Argentina subsidiary paid bribes to government and customs officials.

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Tuesday
Oct022012

Plea agreements won't play a big role in U.K. enforcement

Photo courtesy of the U.K. Ministry of JusticePassing legislation instead of applying resources is always tempting for governments.

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