In late July 2019, the UGC and AGU announced that the mechanical engineering group Camargo Corrêa S.A. (“Camargo”) had agreed to pay 1.396 billion reais (approximately $344 million) by January 2038, in order to respond to allegations that the company entered into fraudulent construction contracts with public funds, thereby wrongly enriching.  The amount of the transaction amounts to 905.9 million reais (approximately $223 million) received from the alleged fraud, 330.3 million reais (approximately $81.4 million) for the total value of the alleged bribes, an administrative fine of 36.2 million reais (approximately $9 million) and a civil penalty of 123.6 million reais (approximately $30.5 million) under Brazil`s Administrative Misconduct Act.  The agreement also requires Camargo to improve its compliance program, with a focus on preventing inappropriate behavior and prioritizing ethics and transparency in the conduct of its operations.  On May 30, 2019, Heritage Pharmaceuticals Inc. (“Heritage”) and the DOJ Agreements Department entered into a CCA.  Gibson Dunn`s secured heritage DPA is the first DPA in the Antitrust division with a company other than a financial institution and the only DPA to offer protection against legal action to all current officers, directors and employees of the company.  Deferred Prosecution Agreement, United States v. Alcon Pte Ltd, No. 20-CR-539 (D.N.J. June 25, 2020) (hereinafter “Alcon Pte Ltd DPA”).
Gibson Dunn negotiated and secured the agreement on behalf of Alcon Pte Ltd. The following graph summarizes the agreements reached so far by the DOJ in 2020. To date, the SEC has not entered into a PDO or PDO in 2020. The full text of each public agreement is linked in the table. In concluding the DPA, the Cartel Department found that “Rising cooperated substantially and in a timely manner with the U.S. investigation,” including the disclosure of information about other alleged cartel violations that are not included in the DPA.  The DPA also cited the fact that “Rising`s cooperation allowed the United States to advance its investigation of criminal antitrust conspiracies among other generic drug manufacturers,” and Rising`s agreement to pay reimbursement.  Finally, the DPA also stated that a conviction or admission of guilt by Rising would likely result in a significant delay in the ongoing bankruptcy proceedings.   Contract Notice, Braskem, signing of the UGC/AGU agreement (May 31, 2019) www.braskem-ri.com.br/detail-notices-and-material-facts/signing-of-cguagu-agreement [`Braskem`s press release`).
As part of the five-year CCA, Güralp will submit annual reports to the SFO on the implementation of its compliance program and the payment of gross margins of GBP 2,069,861 (approximately $2.5 million) over the term of the agreement.  Although the conduct resulted in a potential fine of £4 million (approximately £5.2 million), southwark Crown Court found that a fine of that amount “or money that would be in the vicinity of it,  would cause GSL out of the store.”  Thus, the CCA did not impose any financial consequences other than filing on a flexible schedule. . . .