| Industry: | Health Care |
| Underlying Misconduct: | Foreign Corrupt Practices Act |
| Matter Type: | DOJ Criminal |
| Relevant Jurisdiction(s): | United States District Court for the District of Minnesota |
| Penalties: | Fine |
| Fine Amount: | $2,000,000 |
| Reporting Agencies: | Department of Justice Fraud Section |
| Resolution Form: | Deferred Prosecution Agreement |
| Agreement Date: | June 3, 2008 |
| Monitor Reference Term: | Independent Corporate Monitor |
| Monitor Identity: | Scott Frederickson |
| Monitorship Term: | 3 Years |
| Monitor Selection Process: | Host Organization to propose a candidate within 30 days of Agreement and after consultation with Reporting Agency, which retains the right, in its sole discretion, to accept or reject the Monitor proposed by Host Organization.
|
| Time to Propose Monitors: | 30 Days |
| Time to Engage Monitor: | 60 Days |
| Time to First Report: | 120 Days |
| Reporting Frequency: | Annually |
| Monitor Required Qualifications: | 1) Demonstrated expertise with respect to the FCPA, including experience counseling on FCPA issues;
2) Experience designing and/or reviewing corporate compliance policies, procedures and internal controls, including FCPA-specific policies, procedures and internal controls
3) Ability to access and deploy resources as necessary to discharge the Monitor's duties as described in the DPA; and
4) Sufficient independence from AGA to ensure effective and impartial performance of the Monitor's duties as described in the DPA. The Monitor is an independent third-party, not an employee or agent of AGA or DOJ, and no attorney-client relationship shall be formed.
|
| Summary of Monitor's Scope: | Monitor's primary responsibility is to assess and monitor Host Organization's compliance with the terms of the Agreement so as to specifically address and reduce the risk of any recurrence of misconduct, including evaluating corporate compliance program with respect to the FCPA and other relevant anti-corruption laws.
Host Organization shall cooperate fully with the Monitor and the Monitor shall have the authority to take reasonable steps as, in his or her view, may be necessary to be fully informed about the compliance program of Host Organization within the scope of his or her responsibilities under the Agreement. Host Organization shall provide the Monitor with access to all information, documents, records, facilities and/or employees that fall within the scope of responsibilities under the Agreement.
|
| Summary of Monitor's Activities: | The Monitor will review and evaluate the effectiveness of internal controls, record keeping, and financial reporting policies and procedures as they relate to Host Organization's compliance with the books and records, internal accounting controls and anti-bribery provisions of the FCPA, and other applicable anti-corruption laws. This review and evaluation shall include an assessment of those policies and procedures as actually implemented.
See also Paragraph 6 of Attachment D to the DPA for a full listing of the Monitor's activities.
|
| Monitor's Restrictions: | Host Organization agrees that it will not employ or be affiliated with the Monitor for a period of not less than one year from the date the Monitor's work has ended.
|
