Subject to Inquiry

Subject to Inquiry


Government Investigations and White Collar Litigation Group

Tag Archives: deferred prosecution agreement

Anti-Bribery and Corruption, Compliance

Sharper Teeth for Sanctions Enforcement

The current UK sanctions enforcement regime is a complicated web reflecting the requirements of UN Security Council Regulations, EU Regulations, and UK Primary and Secondary Legislation.  Penalties for breaches of sanctions are generally set out in the various statutory instruments that implement particular sanctions. The UK Government, through the Policing and Crime Bill that is… Continue Reading
Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends, Financial Institution Regulation, Fraud, Deception and False Claims, Securities and Commodities

Biomet FCPA Announcement Highlights Distributor-Related Risks

Last week, Biomet Inc. announced in a filing with the U.S. Securities and Exchange Commission (SEC) that instead of its 2012 deferred prosecution agreement with the U.S. Department of Justice (DOJ) regarding violations of the U.S. Foreign Corrupt Practices Act (FCPA) expiring this week, the company would be monitored under it for an additional year.… Continue Reading
Anti-Bribery and Corruption

DPAs, NPAs and the Hybrid Corporate Monitor

In two recent FCPA-related settlements in the medical devices industry in February and March 2013, and in the manufacturing industry in October 2013, DOJ adopted a "hybrid" approach to monitoring. The DPAs entered in each settlement imposed a compliance monitorship whereby the company must retain an independent monitor for an 18-month period and then self-monitor and report its compliance with the agreement for the remaining 18 months of the DPA.… Continue Reading
Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends

Deferred Prosecution Agreements: Crime and Courts Act 2013

A Parliamentary Bill which, amongst other things, makes provision to introduce Deferred Prosecution Agreements into the UK received the Royal Assent last week. The subject of Deferred Prosecution Agreements ("DPAs") is covered in section 45 and Schedule 17 of the Crime and Courts Act 2013. The salient provisions contained in the Schedule are as follows:… Continue Reading
Anti-Bribery and Corruption, Compliance, Enforcement and Prosecution Policy and Trends

Deferred prosecution agreements to be introduced as a bill in the next parliament

In our view, the Solicitor General's confirmation that DPAs would be introduced into UK law is a very positive step forward in the enforcement of complex international crime. Although the road to its introduction may be bumpy, it is clear that he is very determined that it should happen and he is working with the judiciary to ensure that it is a success.… Continue Reading
Enforcement and Prosecution Policy and Trends

Identifying and Resolving Fraud and Corruption Cases in the US and the UK: PART IV (Deferred and Non-Prosecution Agreements)

In order to entice corporates to voluntarily disclose instances of fraud and corruption, meaningfully cooperate with government investigations, and/or undertake remedial measures, the US Department of Justice and Securities and Exchange Commission will, in appropriate circumstances, enter into Deferred Prosecution Agreements (DPAs) and Non-Prosecution Agreements (NPAs) with corporations.… Continue Reading
Anti-Bribery and Corruption, Enforcement and Prosecution Policy and Trends

SEC Enters into its First-Ever Deferred Prosecution Agreement

On May 17, 2011, the SEC announced that it has entered into its first-ever Deferred Prosecution Agreement ("DPA"). The agreement brings to light a significant resolution option that may be on the table for companies that discover potential violations of federal securities laws during internal investigations or are already the subject of an SEC investigation or enforcement action.… Continue Reading

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