Mobile Telesystems Deferred Prosecution Agreement

On April 9, 2019, the DOJ`s Department of Money Laundering and Asset Recovery („MLARS”) and the U.S. Attorney`s Office for the District of Columbia announced their 2012 amendment to Standard Chartered Bank („SCB”) for alleged sanctions violations. [266] The amended Dpa and an amended agreement with the New York County District Attorney`s Office impose additional penalties of approximately $1.01 billion against SCB. [267] In connection with the amended agreements, a former collaborator of Operation SCB in Dubai pleaded guilty to conspiracy and an Iranian national who previously dealt with SCB was charged with similar charges. [268] In particular, the agreement shows that DOJ can credit a company`s turnaround and compliance efforts,[269] even if it is considered a „recidivist”. [270] An earlier amendment to the 2012 CCA imposed a three-year compliance monitoring, which ended on March 31, 2019 and was not required by DOJ and CBS. [271] The amended data protection authority of 2019 closes a DOJ investigation, opened in 2014, before the end of the 2012 DPA validity period, based on „new information” obtained by the DOJ „through an independent investigation”. [272] The information concerned offences allegedly „committed after the period included in the Dpa 2012”. [273] The amended Dpa further asserts that the offences committed by CBS were known to the government during the first investigation. [274] The amended DPA SCB suggests that DOJ will not hesitate to pursue additional sanctions if it believes that an existing solution has been obtained on the basis of incomplete registration. On December 6, 2019, Telefonaktiebolaget LM Ericsson (Ericsson or the company) ended lengthy investigations by the U.S.

Department of Justice (DOJ) and the U.S. Securities and Exchange Commission (SEC) into allegations of corporate violations of the U.S. Corruption Practices Act (FCPA). Ericsson has agreed to pay a total of more than US$1 billion to the DOJ and the SEC and to enter into a Deferred Criminal Prosecution Agreement (DPA) with the DOJ. This is the second largest FCPA regime of all time and illustrates the application of several recently announced guidelines for business investigations. In accordance with the transaction agreement, the OAS must pay 720.14 million reais (approximately $177 million), which is the amount of the alleged bribes; 800.37 million reais (approximately $197 million) at disgorgement; and 404.79 million reais (approximately $99 million) in administrative and civil fines. [389] The agreement also requires the OAS to improve its compliance program, including by implementing ISO 37.001 certification. [390] In July 2019, the TAX department of the DOJ entered into an NPA with LLB-Verwaltung (Switzerland) AG („LLB-Schweiz”), a Swiss private bank, to clarify allegations that LlB-Switzerland and some of its employees, including members of management, conspired with an independent Swiss asset manager and the United States.