Deferred Prosecution. 24. In consideration of the undertakings agreed to by the Company herein, the Fraud Section agrees that any prosecution of the Company for the conduct set forth in the attached Statement of Facts or Information will be and hereby is deferred for the Term. To the extent there is conduct disclosed by the Company that is not set forth in the attached Statement of Facts or Information, such conduct will not be exempt from further prosecution and is not within the scope of or relevant to this Agreement.
Deferred Prosecution. 16. In consideration of the undertakings agreed to by the Company herein, the Office agrees that any prosecution of the Company or any of its subsidiaries and majority-owned, operationally-controlled affiliates for the conduct set forth in the attached Statements of Facts or Information be and hereby is deferred for the Term. To the extent there is conduct disclosed by the Company that is not set forth in the Statement of Facts or Information, such conduct will not be exempt from further prosecution and is not within the scope of or relevant to this Agreement.
Deferred Prosecution. 13. In consideration of: (a) the past and future cooperation of the Company described in Paragraph 5 above; (b) the Company’s agreement to forfeiture of $586 million; and (c) the Company’s implementation and maintenance of compliance enhancements as described in Paragraphs 10 through 12 above and Attachment C, the Offices agree that any prosecution of the Company for the conduct set forth in the Statement of Facts be and hereby is deferred for the Term of this Agreement.
Deferred Prosecution. 22. In consideration of the undertakings agreed to by Epsilon in this Agreement, the Government agrees that any prosecution of Epsilon for the Covered Conduct described in the attached Statement of Facts is hereby deferred for the Term of this Agreement.
Deferred Prosecution. In consideration of: (a) the factors set forth in Paragraph 4 above; (b) the past and future cooperation of J&J described in Paragraphs 5 and 6 above; (b) J&J’s payment of a monetary penalty of $21.4 million; and (c) J&J’s adoption and maintenance of remedial measures, and review and audit of such measures, including the compliance undertakings described in Paragraphs 9 through 11 above, the Department agrees that any prosecution of J&J or its subsidiaries or operating companies, including DePuy, Inc., for the conduct set forth in the attached Statement of Facts, and for the conduct relating to information that J&J disclosed to the Department prior to the signing of this Agreement, be and hereby is deferred for the Term of this Agreement. The Department further agrees that if J&J fully complies with all of its obligations under this Agreement, the Department will not continue the criminal prosecution against XxXxx, Inc. described in Paragraph 2 and, after the Term, this Agreement shall expire and the Department will move to dismiss with prejudice the criminal Information pending against DePuy, Inc.
Deferred Prosecution. 14. The USAOs agree that if Xxxxx Fargo fully complies with all of its obligations under this Agreement, the USAOs will not criminally prosecute Xxxxx Fargo, or any of its subsidiaries or affiliates, during the Term of this Agreement or thereafter for any crime related to the conduct described in the Statement of Facts. The USAOs and Xxxxx Fargo intend for this Agreement to resolve the USAOs’ criminal investigation of Xxxxx Fargo relating to the conduct described in the Statement of Facts.
Deferred Prosecution. 15. In consideration of: (a) ComEd’s past and future cooperation as described above; (b) ComEd’s payment of a monetary penalty of $200,000,000; (c) ComEd’s adoption and maintenance of remedial measures, and review and audit of such measures, including the compliance undertakings described in Attachment B, the government agrees to request that the United States District Court for the Northern District of Illinois defer proceedings on the charge in the Information pursuant to Xxxxx 00, Xxxxxx Xxxxxx Code, Section 3161(h)(2), for the Term of this Agreement.
Deferred Prosecution. 17. In consideration of: (a) the past and future cooperation of the Company described in Paragraphs 4 and 5 above; (b) the Company’s payment and OCA’s guarantee of payment of a criminal penalty of $22,800,000; (c) the Company’s and OCA’s implementation and maintenance of remedial measures as described in Paragraphs 9 and 10 above; and (d) the Company’s and OCA’s retention of an Independent Compliance Monitor as described in Paragraph 11 above, the Offices agree that any prosecution of the Company for the conduct set forth in the attached Statement of Facts, and for the conduct that the Company disclosed to the Offices prior to the signing of this Agreement, be and hereby is deferred for the Term of this Agreement. To the extent there is conduct disclosed by the Company that the parties have specifically discussed and agreed is not covered by this Agreement, which shall include the conduct identified in paragraph 50 of the OCA DPA, such conduct will not be exempt from further prosecution and is not within the scope of or relevant to this Agreement.
Deferred Prosecution. In consideration of: (a) the past and future cooperation of Biomet described in Paragraphs 3 and 4 above; (b) Biomet’s payment of a monetary penalty of $17,280,000; and (c) Biomet’s implementation and maintenance of remedial measures, the Department agrees that any prosecution of Biomet for the conduct set forth in the attached Statement of Facts, and for the conduct that Biomet disclosed to the Department, prior to the signing of this Agreement, be and hereby is deferred for the Term of this Agreement. The Department further agrees that if Biomet fully complies with all of its obligations under this Agreement, the Department will not continue the criminal prosecution against Biomet described in Paragraph 1 and, after the Term, this Agreement shall expire and the Department shall seek move to dismiss, with prejudice, the criminal Information filed against Biomet.
Deferred Prosecution. In consideration of: (a) the factors set forth in paragraph 4 above; (b) the past and future cooperation of Tyson described in paragraphs 4 and 5 above; (c) Tyson’s payment of a monetary penalty of $4,000,000; and (d) Tyson’s adoption and maintenance of remedial measures, and review and audit of such measures, including the compliance undertakings described in paragraphs 8 through 10 above, the Department agrees that any prosecution of Tyson for the conduct set forth in the attached Statement of Facts, and for the conduct relating to information that Tyson disclosed to the Department prior to the signing of this Agreement, be and hereby is deferred for the Term of this Agreement. The Department further agrees that if Tyson fully complies with all of its obligations under this Agreement, the Department will not continue the criminal prosecution against Tyson described in paragraph 2 and, after the Term, this Agreement shall expire and the Department will move to dismiss the criminal Information pending against Tyson.
