Olympus Corporation of the Americas
Details
| 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 Olypus-Corp-of-America-DOJ-DPA-1Mar2016.pdf |
| Other Relevant Information: | Olypus-Corp-of-America-HHS-CIA-1Mar2016.pdf |
