Olympus Corporation of the Americas


Industry: Health Care
Underlying Misconduct: Federal Anti-Kickback Statute, Foreign Corrupt Practices Act
Matter Type: DOJ Criminal
Relevant Jurisdiction(s): US District Court for the District of New Jersey
Penalties: Settlement Payment
Fine Amount: $612,000,000
Reporting Agencies: Department of Justice Fraud Section
Resolution Form: Deferred Prosecution Agreement
Agreement Date: March 1, 2016
Monitor Reference Term: Independent Monitor
Monitor Identity: Larry Mackey
Monitorship Term: 3 Years
Monitor Selection Process:

Host Organization to propose 4 or 5 candidates and Reporting Agency selects. Cites specifically using DOJ Policy.

Time to Propose Monitors:
Time to Engage Monitor:
Time to First Report: 3 mos
Reporting Frequency: Quarterly
Monitor Required Qualifications:

Independent third party, not an employee or agent of Host Organization and whose work is not subject to attorney client or work-product privilege. Will have: access to sufficient resources to meet duties under multiple DPAs (this matter combined an FCPA action against Olypus Corporation of Latin Amercia); experience with internal investigations or the investigative process; absence of a prior relationship with the Host Organization from 1/1/2001 to present; absence of current representations by Monitor or his/her firm adverse to Reporting Agency. To also be considered: prior Monitorship or oversight experience; experience with federal health care laws, regulations and programs; experience with the health care industry; experience with the FCPA.

Summary of Monitor's Scope:

Evaluate Host Organization's compliance with the Agreement, as well as another Agreement (DPA with Olympus Corporation of Latin America - FCPA).

Summary of Monitor's Activities:

Conduct a review and evaluation of all policies, practices, and procedures relating to compliance with the Agreements and the following subjects: effectiveness of procedures to track the use of field assets, including but not limited to demonstration products and products loaned to customers; procedures and practices used to select, engage, and pay consultants; procedures and practices for considering and awarding grants; effectiveness of the procedures and practices to ensure that any payments comply with the law; effectiveness of the training and education programs regarding federal health care laws concerning relationships between Host Organization and customers, including the Anti-Kickback Statute, the FCPA, ethics and compliance, and corporate governance issues relating to federal health laws. Please see Agreements for full listing.

Monitor's Restrictions:

No prior business relationship from 1/1/2001 to present. No business with Host Organization for a period of one year after the expiration of the Monitorship.

Documents Uploaded: Olympus-Latin-America-DOJ-DPA-1Mar2016.pdf
Other Relevant Information: Olypus-Corp-of-America-HHS-CIA-1Mar2016.pdf