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