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FCPA Blog Daily News

Entries in Non-Prosecution Agreements (12)


New Brazil bill seeks to add NPAs and whistleblower rewards

Earlier this month, the Brazilian Minister of Justice Sergio Moro presented a bill proposing an "anticrime package," establishing “measures against corruption, organized crime and crimes committed with serious violence.”

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Petrobras reaches $1.78 billion FCPA resolution

The DOJ and SEC assessed penalties and disgorgement of $1.78 billion Thursday against Brazil's state energy company to resolve FCPA violations involving massive bribes to politicians and political parties in Brazil.

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Practice Note: How Bio-Rad’s old FCPA settlement became a ‘risk factor’

You would expect investors to be pleased and optimist when their company resolves an FCPA case by paying relatively moderate penalties and landing a DOJ non-prosecution agreement.

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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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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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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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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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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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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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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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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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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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