JGC Deferred Prosecution Agreement: Cooperation with DOJ Still Key

I had not, at least in recent years, thought I would be able to say that the Houston Astros have a better record this late in the season than the Boston Red Sox. But at least as of yesterday, now 1-5 Astros no longer share the worst record in baseball, which now belongs to the Red Sox and Tampa Bay...

Johnson & Johnson, DePuy Pay $76.9M To Settle Foreign Bribery Claims

(Mealey's) - Johnson & Johnson (J&J) and subsidiary DePuy International Ltd. will pay $76.9 million to resolve criminal and civil allegations in the United States and in the United Kingdom that they paid kickbacks to doctors in Greece, Poland, Romania and Iraq to use the companies'...

Johnson & Johnson and DePuy Settle Claims They Paid Kickbacks to Doctors

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Johnson & Johnson Deferred Prosecution Agreement-Part II: Compliance Program Best Practices

Yesterday we reviewed the background facts of the Johnson & Johnson (J&J) Deferred Prosecution Agreement (DPA) and the issue of self-reporting. In this posting we will review some of specific compliance program best practices which Johnson & Johnson agreed to implement. I. Attachment...

Johnson & Johnson Becomes the Newest Member of the FCPA Top 10 Settlements List

Current trends in FCPA enforcement are evident in the latest settlement with Johnson & Johnson. U.S. v. Depuy, Inc. , (D.D.C. Filed April 8, 2011); SEC v. Johnson & Johnson , Civil Action No. 1:11-cv-00686 (D.D.C. Filed April 8, 2011). To resolve the case with DOJ and the SEC the company...

The SEC Uses a Shiny New Tool

Earlier this year the Securities and Exchange Commission announced a new initiative encouraging cooperation. They wanted to start using Cooperation Agreements, Deferred Prosecution Agreements, and Non-prosecution Agreements. They finally got use one of their shiny new tools. The SEC announced that...

The SEC’S First Deferred Prosecution/Cooperation Agreement: A New Approach?

The SEC and Tenaris S.A resolved an FCPA case with a deferred prosecution agreement. It is the first deferred prosecution agreement under the initiative the Commission announced last year. The company also settled FCPA charges with the Department of Justice, entering into a non-prosecution agreement...

Financial Fraud Case Ends with DOJ Deferred Prosecution

The DOJ resolved a financial fraud action involving O'Reilly Automotive Inc. and CSK Auto Corporation by entering into a deferred prosecution agreement. Under the terms of the agreement CSK Auto took responsibility for the conduct of its employees who perpetrated a large financial fraud which...

Sometimes Bribery is Like a Box of Chocolates

The baseball season is at its traditional half-way mark with the All-Star Game. This season certainly has already shown promise as one of the surprises with both the Washington Nationals and the Pittsburg Pirates is that they have the two best records in the National League (NL). One team that, unfortunately...

Cadwalader Clients & Friends Memo: Antitrust Division Enters Into First Deferred Prosecution Agreement

In a first for the Department of Justice ("DOJ") Antitrust Division, the Division entered into a Deferred Prosecution Agreement ("DPA") with a financial institution for its involvement in an alleged LIBOR-rate manipulation scheme. As part of the agreement, the company's Japanese...

The Reach of the Foreign Corrupt Practices Act: German Engineering Firm to Pay $32 Million Criminal Penalty

Bilfinger SE, an international engineering and services company based in Mannheim, Germany, has agreed to pay a $32 million penalty to resolve charges that it violated the Foreign Corrupt Practices Act (FCPA) by bribing government officials of the Federal Republic of Nigeria to obtain and retain contracts...

Quoting E-Mails, Government Charges 3 Former Rabobank Traders with Manipulating Yen Libor

Two former Japanese Yen derivatives traders at Rabobank and the trader responsible for setting Rabobank’s Yen London InterBank Offered Rate (LIBOR) have been charged as part of the Justice Department’s ongoing criminal investigation into the alleged manipulation of LIBOR. And, once again...

Company Admits Defrauding Defense Department of Millions

San Diego-based Vector Planning & Services, Inc., has entered into a deferred prosecution agreement with federal prosecutors in which it admitted to criminally defrauding the Defense Department, and in which it agreed to pay restitution. As part of the agreement, Vector admitted that its former...

Deferred Prosecution Agreements Now Available in the UK

Prosecutors in the United Kingdom appear to be following the U.S. Justice Department’s lead and are going to be able to use deferred prosecution agreements (DPAs), beginning on February 24. Toward that end, the director of the U.K. Serious Fraud Office (SFO) and the director of Public Prosecutions...

Lidoderm Settlement Costs Endo Pharmaceuticals $192.7 Million

Pharmaceutical company Endo Health Solutions Inc. and its subsidiary Endo Pharmaceuticals Inc. have agreed to pay $192.7 million to resolve criminal and civil liability arising from Endo’s marketing of the prescription drug Lidoderm for uses not approved as safe and effective by the Food and Drug...

DPAs and NPAs – Powerful Tools in the Fight Against Corruption

As readers of this blog know the FCPA Professor and I usually look at the same Foreign Corrupt Practices Act (FCPA) enforcement action, item or remark and see different things. Sometimes we even hear the same thing and come away with different interpretations. Last week, we experienced yet another instance...

Assistant Attorney General Caldwell’s Unconvincing Defense Of DPAs / NPAs

This article was reprinted with permission from FCPA Professor As noted in this Global Investigations Review article, at a recent event in Paris in connection with the release of the OECD’s Foreign Bribery Report , Assistant Attorney General Lisa Caldwell defended the DOJ’s frequent use...