Deferral of Prosecution. 20. In consideration of the undertakings agreed to by SCB herein, including (a) past and future cooperation as described herein; (b) payment of a monetary penalty and forfeiture amounts; and (c) remedial actions to date and the undertakings agreed to by SCB herein, the Offices agree that any prosecution of SCB for the conduct set forth in the Factual Statements and the Superseding Information be and hereby is deferred for the Term of this Agreement. To the extent there is conduct disclosed by SCB that does not concern any act within the scope of or related to the Factual Statements or the settlement agreement between SCB and OFAC, as described in Paragraphs 13(g) above, such conduct will not be exempt from further prosecution and is not within the scope of or relevant to this Agreement.
Deferral of Prosecution. 12. The Office agrees that the prosecution of IBK on the Information be deferred for two years from the date of the execution of the Agreement. This decision reflects a variety of factors and considerations, including but not limited to IBK's acceptance and acknowledgement of responsibility under the laws of the United States for its conduct, as exhibited by its undertaking of a thorough internal investigation and transactional analysis, providing frequent and regular updates to the Office, collecting and producing evidence located in other countries to the full extent permitted under applicable laws and regulations, and making employees located in other countries available for interviews by this Office in the United States. In reaching this decision, the Office also considered IBK’s commitment to: (a) cooperate with the Office, FBI, the NYAG, the FRB-NY, DFS and any other law enforcement agency designated by this Office; (b) make the payments specified in paragraph 3 of this Agreement; (c) commit no future crimes under the federal laws of the United States (as provided herein in paragraph 9); and (d) otherwise comply with all of the terms of this Agreement. All of the above factors and considerations, as well as others, collectively weighed in favor of deferral of prosecution in this case, and outweighed in this particular case, IBK’s failure to self-report the full extent of its involvement in processing transactions that violated United States sanctions laws, failure to preserve certain electronic evidence relevant to those transactions, and failure to fully and promptly remediate the deficiencies in its compliance programs. IBK shall expressly waive indictment and all rights to a speedy trial pursuant to the Sixth Amendment of the United States Constitution, Title 18, United States Code, Section 3161, Federal Rule of Criminal Procedure 48(b), and any applicable Local Rules of the United States District Court for the Southern District of New York for the period during which this Agreement is in effect.
Deferral of Prosecution. 29. In consideration of the undertakings agreed to by the defendants herein, including
Deferral of Prosecution. 11. In consideration of USB’s entry into this Agreement and its commitment to: (a) accept and acknowledge responsibility for the conduct described in the Statement of Facts and the Information; (b) cooperate with the Office, IRS, OCC, FinCEN and any other law enforcement agency designated by this Office; (c) make the payment specified in this Agreement; Xxxx X. Xxxxxxx, Esq. Xxxxxx X. Xxxxxxx, Esq. February 12, 2018
Deferral of Prosecution. In consideration of Xxxxxx’s remedial actions to date and its willingness to: (a) acknowledge and accept responsibility for its actions;
Deferral of Prosecution. In consideration of lNG Bank’s remedial actions to date and its willingness to: (a) acknowledge and accept responsibility for its actions; (b) have voluntarily terminated the conduct set forth in the Factual Statement prior to the commencement of the United States’ investigation; (c) continue its cooperation with the United States as stated in Paragraphs 5 and 6; (d) demonstrate its future good conduct and full compliance with Financial Action Task Force international Anti-Money Laundering and Combating Financing of Terrorism best practices and the Wolfsberg Anti-Money Laundering Principles for Correspondent Banking; and (e) settle any and all civil and criminal claims currently held by the United States for any act 1 lNG Bank has also agreed to pay a separate and additional $309,500,000 pursuant to a Deferred Prosecution Agreement with the District Attorney of the County of New York (“DANY”) being entered into contemporaneously, resulting in an overall total forfeiture amount of $619,000,000. within the scope of or related to the Factual Statement or this investigation, the United States agrees as follows:
Deferral of Prosecution. 7. In consideration of GROEB FARMS’ cooperation, as well its remedial actions to date, and its willingness to (i) accept and acknowledge responsibility for the conduct of its current and former executives, employees, and agents as detailed in the Factual Statement; (ii) have already implemented and continue further implementation of new, enhanced remedial actions as specified in Exhibit B; (iii) demonstrate its future good conduct and full compliance with U.S. importation laws, the Food, Drug, and Cosmetic Act (“FDCA”), and other federal laws; (iv) educate customers and other industry participants regarding illegally transshipped, illegally misdeclared, and unsafe or unwholesome products, including honey; (v) continue its cooperation with the USAO NDIL, law enforcement, and other government agencies as specified in Paragraphs 3 and 4; (vi) volunteer to dispose according to law any honey specified in Paragraph 4(e); and (vii) pay the monetary penalty set forth in Paragraph 5, the USAO NDIL shall recommend to the Court, pursuant to Title 18, United States Code, Section 3161(h)(2), that prosecution of GROEB FARMS on the Information filed pursuant to Paragraph 1 be deferred for a period of twenty-four months from the date of the Court’s Order. Specifically, upon execution of this Agreement, and pursuant to Title 18, United States Code, Section 3161(h)(2), the USAO NDIL shall move, unopposed by GROEB FARMS, to present this Agreement to the Court and move for a continuance of all further criminal proceedings, including trial, for a period of twenty-four months, for speedy trial exclusion of all time covered by such a continuance, and for approval by the Court of this deferred prosecution.
Deferral of Prosecution. In consideration of Xxxxxxxxxxx'x remedial actions to date and its willingness to: (a) acknowledge responsibility for its actions; (b) voluntarily disclose some of its conduct; ( c) voluntarily produce documents and reports which describe its conduct; (d) continue its cooperation with the United States as stated in Paragraph 6; (e) maintain its Office of Global Compliance at an appropriate level of staffing, consistent with the compliance presentation made to the government in November 2009, during the pendency of this Agreement; (f) fulfill all the terms and conditions contained in the administrative settlement agreements with the Department of Commerce and the Department of the Treasury's Office of Foreign Assets Control, both of which are attached hereto; and (g) settle any and all civil and criminal claims currently held by this Office for any act within the scope of the Factual Statement, this Office agrees as follows: 1. This Office, on behalf of the United States, shall recommend to the Court, pursuant to 18 U .S.C. § 3161 (h)(2), that prosecution of Weatherford on the Information filed pursuant to Paragraph 1 be deferred for a period of twenty-four (24) months, or less at the discretion of this Office, from the date of the filing of the Information referred to in Paragraph X. Xxxxxxxxxxx shall consent to a motion, the contents to be agreed upon by the parties, to be filed by this Office with the Court promptly upon execution of this Agreement, pursuant to 18 U.S.C. § 3161 (h)(2), in which this Office will present this Agreement to the Court and move for a continuance of all further criminal proceedings, including trial, for a period of twenty-four (24) months, for speedy trial exclusion of all time covered by such a continuance, and for approval by the Court of this deferred prosecution. Weatherford further agrees to waive, and does hereby expressly waive, any and all rights to a speedy trial pursuant to the Fifth and Sixth Amendments of the United States Constitution, 18 U.S.C. § 3161, Federal Rule of Criminal Procedure 48(b), and any applicable Local Rules of the United States District Court for the Southern District of Texas for the period that this Agreement is in effect; and This Office, on behalf of the United States, shall, if Weatherford is in full compliance with all of its obligations under this Agreement, within thirty (30) days of the expiration of the time period set forth above in Paragraph 5(i), or less at the discretion of the Unite...
Deferral of Prosecution. 16. In consideration of FalconStor's remedial actions to date and its commitment to (a) accept and acknowledge responsibility for its conduct, (b) continue its cooperation with the Investigative Entities and any Designated Agencies, (c) make the payments specified in paragraphs 3 and 8 above, (d) comply with federal and state criminal laws and (e) otherwise comply with all of the terms of this Agreement, the Office shall, at the time it files the Complaint, simultaneously file a joint motion pursuant to Title 18, United States Code, Section 3161(h) (2), to defer the prosecution for a period of 18 months and to obtain an exclusion of time under the Speedy Trial Act to allow FalconStor to demonstrate good conduct and compliance with the terms of this Agreement (the "§ 3161(h) (2) Motion"). By executing this Agreement and joining in the § 3161(h)(2) Motion, FalconStor expressly waives all rights to a speedy trial pursuant to the Sixth Amendment of the United States Constitution, Title 18, United States Code, Sections 3161 et Federal Rule of Criminal Procedure 48(b), and any applicable Local Rules of the United States District Court for the Eastern District of New York for the period during which this Agreement is in effect.
Deferral of Prosecution. 7. In consideration of SAIC’s entry into this Agreement and its commitment to: (a) accept and acknowledge responsibility for its conduct; (b) cooperate with the Office and DOI; (c) make the payments specified in this Agreement; (d) comply with Federal criminal laws; and (e) otherwise comply with all of the terms of this Agreement, the Office shall recommend to the Court that prosecution of SAIC on the Information be deferred for three years from the date of the signing of this Agreement. SAIC shall expressly waive indictment and all rights to a speedy trial pursuant to the Sixth Amendment of the United States Constitution, Title 18, United States Code, Section 3161, Federal Rule of Criminal Procedure 48(b), and any applicable Local Rules of the United States District Court for the Southern District of New York for the period during which this Agreement is in effect.
