SLIDE 1 The Internal Investigation: Cooperation and the McNulty Memorandum Part I: The Other Internal Investigation Part II: Examples of Declinations, Non-Prosecutions and Deferred Prosecutions
Criminal Enforcement of Environmental Laws
Fourteenth Annual Advanced ALI-ABA Course
- f Study for the Defense and Government Bars
October 4 & 5, 2007 Presented by Barry M. Hartman, K&L Gates
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SLIDE 8 Jazz Pharmaceuticals
No Pros Unilateral pre-settlement corporate actions Guarantee subsidiaries criminal payment
Cooperate Corporate Integrity Agreement
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United Bank for Africa
No prosecution Obstruction of money laundering investigation New management Witness available No new incidents
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Electronic Clearing House
No Pros Cooperation Disgorgement of profits Remedial actions
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Pacific-Gulf Marine
No Pros Discharge of oil bilge waste Voluntary/timely disclosure of internal investigation $500,000 in restoration projects
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American Express Bank International
Deferred Pros (AML) $55 Million forfeiture Significant remedial actions
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Maximus
Deferred Pros (FCA) Medicaid Fraud $30.5 Million Penalty
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NETeller PLC
Deferred Pros Internet gambling $136 Million forfeiture Remedial and monitoring measures
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Mirant Energy
Deferred Pros (CEA) Extensive Cooperation and Disclosure Bankruptcy
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The Internal Investigation: Cooperation and the McNulty Memorandum Part I: The Other Internal Investigation Part II: Examples of Declinations, Non-Prosecutions and Deferred Prosecutions
Criminal Enforcement of Environmental Laws
Presented by Barry M. Hartman, K&L Gates barry.hartman@klgates.com
