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Mobile Telesystems Deferred Prosecution Agreement

Gibson Dunn`s White Collar Defense and Investigations Practice Group successfully defends companies and executives in a wide range of federal and national investigations and prosecutions and conducts sensitive internal investigations for large corporations and their boards of directors in almost every industry. The group has members worldwide and in any national registry office and relies on more than 125 lawyers with deep government experience, including more than 50 former federal and federal prosecutors and officials, many of whom have worked at the highest levels at the Department of Justice and the Securities and Exchange Commission, as well as former non-U.S. officials. Enforcer. Joe Warin, a former federal prosecutor, is co-chair of the group and has served as a U.S. compliance consultant for Siemens and FCPA compliance monitor for Alliance One International. Previously, he worked as an instructor for Statoil as part of a DOJ and SEC enforcement action. In 2007, he co-authored the Revolutionary Law Report on NPAs and DPAs. Kendall Day is a partner of the group and a former prosecutor, who spent 15 years at the Department of Justice and became Assistant Deputy Attorney General at the highest career position in the DOJ`s criminal division. On July 22, 2019, DOJ announced a FCPA resolution with the Hungarian subsidiary of leading technology company Microsoft regarding allegations of violations of FCPA`s records and registrations and internal control provisions. [168] These allegations concerned The Microsoft subsidiary, which allegedly made inappropriate payments to government officials through third parties. [169] In order to resolve the DOJ case, Microsoft`s Hungarian subsidiary entered into a three-year non-prosecution agreement and paid a fine of $8,751,795. [170] The DOJ has granted microsoft a 25% cooperation credit to Hungary for its extensive cooperation and comprehensive corrective measures.

[171] Microsoft`s Hungarian subsidiary did not need to keep a monitor, but will report on its efforts to improve compliance programs and improve internal control policies and procedures for a three-year period without prosecution. [172] The duration of the CCA is three years. [340] During this period, SGL must cooperate with and report to the regulatory and control authorities in accordance with the agreement, disclose evidence of fraud and improve its compliance program each year. [341] Although it was not a contracting party to the data protection authority, Serco also agreed to cooperate continuously with the authorities, report evidence of fraud to the authorities, strengthen its compliance functions at the group level and report annually to the SFO on its group-wide guarantee program. [342] In the decision authorizing the data protection authority, Justice William Davis noted that Serco`s commitments were “a key element of the data protection authority,” without which “it is highly unlikely that the objectives of a DPA could have been achieved in the circumstances of this case.” [343] He pointed out that “[d] he … the first time that companies such as Serco Group PLC made commitments from a parent company under a CCA under one of its subsidiaries. [344] MTS entered into a lawsuit agreement with the U.S. Department of Justice, pleaded guilty and agreed to pay an $850 million fine, according to the SEC. Prosecutors agreed to award MTS $100 million for a fine it pays to the SEC, according to financial oversight. 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 violations committed by the company against the United States.

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