DEFERRED PROSECUTION AGREEMENT. Defendant Alcon Pte Ltd (the “Company”), pursuant to the authority granted by the Company’s Board of Directors reflected in Attachment B, which is incorporated by reference into this Agreement, and the United States Department of Justice, Criminal Division, Fraud Section (the “Fraud Section”) and the United States Attorney’s Office for the District of New Jersey (the “Office”), enter into this deferred prosecution agreement (the “Agreement”). Alcon Inc., which is not a defendant in this matter, also agrees, pursuant to the authority granted by Alcon Inc.’s Board of Directors, to certain terms and obligations of the Agreement as described below. The terms and conditions of this Agreement are as follows:
DEFERRED PROSECUTION AGREEMENT. Effective as of the Effective Time, Parent agrees to be bound, and the Surviving Entity shall continue to be bound, by the obligations of the Company set forth in the Deferred Prosecution Agreement, dated November 4, 2010, between the Company and the U.S. Department of Justice, to the extent required thereby.
DEFERRED PROSECUTION AGREEMENT. In May 2009, the Company entered into a Deferred Prosecution Agreement (the “DPA”) to resolve the previously disclosed investigation. A copy of the DPA and the accompanying documents can be found on the Company’s website at xxx.xxxxxxxx.xxx. The term of the DPA is thirty-six months, but such term may be reduced by the USAO Florida to twenty-four months upon consideration of certain factors set forth in the DPA, including the Company’s continued remedial actions and compliance with all federal and state health care laws and regulations. As a part of the DPA, the Company retained an independent monitor (the “Monitor”) for a period of 18 months from August 19, 2009 to February 18, 2011. The Monitor was selected by the USAO Florida after consultation with the Company and was retained at the Company’s expense. In addition, the Company agreed to continue undertaking remedial measures to ensure full compliance with all federal and state health care laws. Among other things, the Monitor reviewed and evaluated the Company’s compliance with the DPA and all applicable federal and state health care laws, regulations and programs. The Monitor also reviewed, evaluated and, as necessary, made written recommendations concerning certain of WellCare’s policies and procedures.
DEFERRED PROSECUTION AGREEMENT. The United States Department of Justice Tax Division and the United States Attorney’s Office for the Southern District of Florida (the “Government”) and the defendant UBS AG (“UBS”), by its Group General Counsel and undersigned attorneys, pursuant to the authority granted to them by its Board of Directors in the form of a Board Resolution, attached hereto as Exhibit A, hereby enter into this Deferred Prosecution Agreement (the “Agreement”).
DEFERRED PROSECUTION AGREEMENT. Defendant ArthroCare Corporation (the “Company”), by its undersigned representatives, pursuant to authority granted by the Company’s Board of Directors, and the United States Department of Justice, Criminal Division, Fraud Section (the “Department”), enter into this deferred prosecution agreement (the “Agreement”), the terms and conditions of which are as follows:
DEFERRED PROSECUTION AGREEMENT. Parent and Merger Sub acknowledge that AGA Medical Corporation, the Company's wholly-owned subsidiary ("AGA Sub") is a party to a Deferred Prosecution Agreement dated June 2, 2008 (the "Deferred Prosecution Agreement") with the United States Department of Justice. Parent and Merger Sub have been provided a copy of and understand the terms of and AGA Sub's obligations under the Deferred Prosecution Agreement. Parent and Merger Sub agree that upon the Closing of the Merger, Parent, Merger Sub, any Affiliate of Parent into which the Company is merged or which controls the Company subsequent to the Closing, and any successor in interest to any of the foregoing, shall be bound by the obligations of AGA Sub contained in the Deferred Prosecution Agreement; provided, however, in no event shall the Deferred Prosecution Agreement or any obligations thereunder be interpreted to bind or be applicable to any Affiliates, Subsidiaries, divisions or business operations of Parent other than with respect to the business operations of AGA Sub. ARTICLE VII
DEFERRED PROSECUTION AGREEMENT. Defendant The Boeing Company (the “Company”), pursuant to authority granted by the Company’s Board of Directors reflected in Attachment B, the United States Department of Justice, Criminal Division, Fraud Section (the “Fraud Section”), and the United States Attorney’s Office for the Northern District of Texas (the “USAO-NDTX”) enter into this deferred prosecution agreement (the “Agreement”). The terms and conditions of this Agreement are as follows:
DEFERRED PROSECUTION AGREEMENT. On January 6, 2014, XX Xxxxxx Xxxxx entered into a deferred prosecution agreement (DPA) with the Department of Justice. This agreement came after years of the bank’s denying culpability in the Ponzi scheme. Although there had been talks of criminal liability charges against the bank,[source], prosecutors and the bank have agreed to pursue the somewhat “middle ground” approach between criminal prosecution and a civil penalty. U.S. Attorney Xxxxx Xxxxxxx explained that although certain individuals had been involved, the core problem lay with the bank’s “overall systemic failure” and that the “at this point, the appropriate charge was against the bank” rather than specific individuals.5 Under the terms of the agreement, the bank would pay $1.7 billion to the victims of Xxxxxx’s fraud and, in turn, after 2 years of good behavior and overhauling of its controls against money laundering, the government would dismiss all charges against the bank. During the 2-year period of deferred prosecution, JPMorgan must fully cooperate with the Office of the U.S. Attorney of the Southern District of New York (the “Office”), the FBI, and any other governmental agency designated by the Office relating to the fraud committed at Madoff Securities. Further obligations of the bank include providing quarterly reports regarding JPMorgan’s remedial changes and giving all necessary access to records to the Office.6 Despite the bank’s settlement of $1.7 billion being the largest forfeiture for banks charged with money laundering violations, the deferred prosecution agreement represents a level of leniency that are offered to large banks and corporations. Deferred prosecution agreements allow large banks to continue operating normally and considering the amount of losses causes by Xxxxxx’s Ponzi scheme, many critics of Wall Street are unsatisfied with the deferred prosecution and the fact that no employees of the bank were personally held liable. As Xxxxxx X. Xxxxxxxx, head of advocacy group Better Markets, puts it, “banks do not commit crimes; bankers do.” Still, the punishment could have been even harsher. The government reportedly considered demanding a guilty plea from JPMorgan, although such a move could have jeopardized the company’s charter as a national bank.
DEFERRED PROSECUTION AGREEMENT. This Deferred Prosecution Agreement between the United States Attorney for the Northern District of Illinois, XXXX X. XXXXXX, XX. (the “government”), and defendant COMMONWEALTH EDISON COMPANY (“ComEd”), by its undersigned representative and attorneys, pursuant to authority granted by the Board of Directors of Exelon Corporation (“Exelon”), is made pursuant to the terms and conditions set forth below.
DEFERRED PROSECUTION AGREEMENT. This Deferred Prosecution Agreement between the United States Attorney for the Northern District of Illinois, XXXX X. XXXXXX, XX. (the “government”), and defendant Illinois Bell Telephone Company, LLC, d/b/a AT&T Illinois (“AT&T Illinois”), by its undersigned representative and attorneys, pursuant to authority granted by the Board of Directors of AT&T Inc., is made pursuant to the terms and conditions set forth below.
