At the end of July 2019, the CGU and the AGU announced that the mechanical engineering group Camargo Corréa S.A. (“Camargo”) had agreed to pay R$1.396 billion (approximately $344 million) by January 2038 to pay for allegations that the company had entered into fraudulent construction contracts with public funds and was therefore improperly enriched.  The transaction amounted to 905.9 million reais (approximately 223 million reais). USD) resulting from the alleged fraud of 330.3 million reais (approximately $81.4 million) worth of alleged bribes, an administrative fine of 36.2 million reais (approximately $9 million) and a civil penalty of REais 123.6 million (approximately $30.5 million) under Brazilian administrative law.  The agreement also requires Camargo to improve its compliance program, with a focus on preventing bad practices and prioritizing ethics and transparency in the business.  However, the ultimate solution is the simplest: to end the DOJ`s practice of concluding deferred, non-criminal, agreements with companies once and for all. In the first half of 2020, stay at home orders did not prevent a significant number of non-state law enforcement agreements (“NPAs”) and deferred enforcement agreements (“DPAs”). With 17 agreements to date, plus an NPA endorsement, the year is at the 2019 level, reflecting an increase over the previous two years. In this customer alert, the 22nd in our series on NPAs and data storage authorities, we report: (1) Reports on important statistics on NPAs and DATA authorities from 2000 to today; (2) to take into account the decline in the NPA in 2020; (3) bring together NPAs and publicly available data protection authorities by 2020; (4) examine the latest developments in international AP regimes and finally (5) a number of important considerations for companies that are about to conclude negotiations on NPA and DATA, including cross-border considerations and possible post-liquidation consequences. In 2015, two separate subsidiaries of Societe Generale entered four-year NPAs in 2015 in the space of four months to remedy alleged tax violations under the DOJ`s Swiss Bank programme.
This program provides Swiss banks with leniency that provides the necessary information on the various tax avoidors and puts their institutions in compliance with US tax law. Both NPAs indicate that the subsidiaries will be “continued” if it is established that the companies committed U.S. federal crimes during the terms of their agreements. The Bush administration continued to consolidate the use of preliminary procedures for businesses. In 2003, Assistant Attorney General Larry Thompson released the so-called Thompson memo, which orders federal lawyers to consider several factors in the pursuit of a business.