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Business Crimes Hotline
Microsoft and Hungarian Subsidiary Agree to Pay $25 Million to Resolve FCPA Investigations in Hungary, Saudi Arabia, Turkey and Thailand
In July 2019, Microsoft Corporation and its wholly-owned subsidiary Microsoft Magyarorszag Kft. (Microsoft Hungary) agreed to pay a combined $25 million in criminal and civil penalties to resolve U.S. Securities and Exchange Commission (SEC) and Department of Justice (DOJ) investigations into Foreign Corrupt Practices Act (FCPA) violations in Hungary, Saudi Arabia, Turkey and Thailand.
Without admitting or denying the SEC's findings, Microsoft consented to a cease-and-desist order and disgorgement and pre-judgment interest of approximately $16.5 million as part of the settlement. Microsoft Hungary will pay a criminal penalty of over $8.5 million and also entered into a three-year non-prosecution agreement with the DOJ.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.