Sec Non Prosecution Agreement

October 7th, 2021 2:20 am

[269] See Amended Deferred Prosecution Agreement, United States v. Standard Chartered Bank, No. 12-CR-262 (D.D.C., Apr. 9, 2019) ¶ 19 [hereinafter “SCB DPA”] (hereinafter “progress in CBS` ongoing recovery and compliance efforts, including the overall improvement of SCB`s U.S. economic sanctions program,” justifying the agreement of the parties not to prolong prior monitoring). In particular, the civil settlement terminated allegations that, between 29 October 2010 and 31 December 2016, Avanir made available to certain doctors and other healthcare professionals remuneration in the form of money, fees, travel and food to get them to write prescriptions for nuedexta. [46] At the same time as the civil agreement, Avanir entered into a five-year corporate integrity agreement with HHS OIG. The agreement provides, among other things, for Avanir to carry out additional checks around its interactions with doctors and to carry out internal and external monitoring (through an IRO) of advertising and other activities. [47] Mark Schnapp, co-chair of economic criminal practice at the law firm Greenberg Triste, says the no-prosecution agreement means the SEC is becoming more aggressive in its investigations and prosecutions.

“The SEC`s use of an NPA recognizes both the early cooperation of companies and the company`s continued involvement in its enforcement efforts,” he explains. While in 2019, mobile TeleSystems DPA was only the fifth NPA or DPA in dollars, this is the second largest agreement in 2019 to set up an independent compliance monitor. [186] Consistent with its previous practice of imposing controls for which it considers companies` compliance programs to be immature, the DOJ states with Mobile TeleSystems that it is implementing a monitor “because the company [i.e., Mobile TeleSystems] has not yet implemented or tested its compliance program.” [187] The TeleSystems mobile DPA is also the second surveillance imposed in recent years on a foreign telecommunications company for corruption in Uzbekistan. . . .

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