Non-Prosecution Agreement Sample Contracts
United States Department of JusticeNon-Prosecution Agreement • September 4th, 2020
The United States Department of Justice, Criminal Division, Fraud Section and the United States Attorney’s Office for the District of Massachusetts (collectively, the “Department”) and Fresenius Medical Care AG & Co. KGaA (the “Company”) pursuant to authority granted by the Company’s Management Board, enter into this Non-Prosecution Agreement (the “Agreement”). On the understandings specified below, the Department will not criminally prosecute the Company for any crimes (except for criminal tax violations, as to which the Department does not make any agreement) relating to any of the conduct described in the Statement of Facts attached hereto as Attachment A. To the extent there is conduct disclosed by the Company that does not relate to any of the conduct described in the attached Statement of Facts, such conduct will not be exempt from prosecution and is not within the scope of or relevant to this Agreement. The Company, pursuant to authority granted by the Company’s Management Board
Standard Contracts
Attachment A - Statement of FactsNon-Prosecution Agreement • June 13th, 2024
The following Statement of Facts is incorporated as part of the Non-Prosecution Agreement between the United States Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section (the “Department” or the “United States”) and Banamex USA (“BUSA”) (together, the “Parties”). The Parties stipulate that the following facts are true and correct:
Fraud Section Washington, D.C. 20005Non-Prosecution Agreement • June 25th, 2019
The United States Department of Justice, Criminal Division, Fraud Section (the “Fraud Section”), and Merrill Lynch Commodities, Inc. (“MLCI”), pursuant to authority granted by MLCI’s Board of Directors, enters into this Non-Prosecution Agreement (“Agreement”). As indicated below, MLCI’s ultimate parent (“MLCI Parent”), pursuant to authority granted by MLCI Parent’s Board of Directors, is also undertaking certain obligations under this Agreement.
STATEMENT OF FACTSNon-Prosecution Agreement • July 16th, 2012
NON-PROSECUTION AGREEMENTNon-Prosecution Agreement • July 25th, 2022
The United States Attorney’s Office for the Northern District of California (“USAO”) hereby enters into the following Non-Prosecution Agreement (the “Agreement” or “Non- Prosecution Agreement”) with Uber Technologies, Inc. (“Uber,” or the “Company”), a Delaware corporation, pursuant to authority granted by the Company’s Board of Directors as reflected in Exhibits C and D, to resolve the federal criminal investigation related to the conduct described in the Statement of Facts attached as Exhibit A to this Agreement. This Agreement is binding only on Uber and the USAO; it specifically does not bind any other component of the Department of Justice; other federal agencies, or any state, local or foreign law enforcement or regulatory agencies; or any other authorities.
NON-PROSECUTION AGREEMENTNon-Prosecution Agreement • May 5th, 2020
Central District of CaliforniaNon-Prosecution Agreement • October 5th, 2020
APPENDIX A STATEMENT OF FACTSNon-Prosecution Agreement • May 28th, 2021
ContractNon-Prosecution Agreement • June 7th, 2016 • Nortek Inc • Electric housewares & fans
NON-PROSECUTION AGREEMENTNon-Prosecution Agreement • December 22nd, 2020
Michael Theis, Esq. Peter Spivack, Esq. Hogan and Hartson LLP One Tabor Center, Suite 1500 1200 Seventeenth Street Denver, Colorado 80202 December 17, 2009 Re: Spectranetics Non-Prosecution Agreement Dear Messrs. Theis & Spivack:Non-Prosecution Agreement • December 29th, 2009 • Spectranetics Corp • Electromedical & electrotherapeutic apparatus
NON-PROSECUTION AGREEMENTNon-Prosecution Agreement • December 6th, 2011
NON-PROSECUTION AGREEMENT BETWEEN JAZZ PHARMACEUTICALS, INC. AND THE U.S. ATTORNEY’S OFFICE FOR THE EASTERN DISTRICT OF NEW YORKNon-Prosecution Agreement • July 18th, 2007 • Jazz Pharmaceuticals Inc • Pharmaceutical preparations
JAZZ PHARMACEUTICALS, INC. (“JPI”), by its undersigned attorneys, pursuant to authority granted by its Board of Directors, and the UNITED STATES ATTORNEY’S OFFICE FOR THE EASTERN DISTRICT OF NEW YORK (the “Office”), hereby enter into this Agreement (the “Agreement”).
Exhibit 99.1 1 NON-PROSECUTION AGREEMENT BETWEEN THE BANK OF NEW YORK AND THE U.S. ------------------------------------------------------------------- ATTORNEY'S OFFICES FOR THE EASTERN AND SOUTHERN DISTRICTS OF NEW YORK...Non-Prosecution Agreement • November 8th, 2005 • Bank of New York Co Inc • State commercial banks
United States Attorney Southern District of New YorkNon-Prosecution Agreement • October 29th, 2022
FIRST AMENDMENT TO NON-PROSECUTION AGREEMENT WITH TENET HEALTHSYSTEM MEDICAL, INC.Non-Prosecution Agreement • August 6th, 2018 • Tenet Healthcare Corp • Services-general medical & surgical hospitals, nec
The United States Department of Justice, Criminal Division, Fraud Section (“the Department”) and Tenet HealthSystem Medical, Inc. (on its behalf and on behalf of its subsidiaries) (collectively, “Tenet Subsidiary”), pursuant to authority granted by the Board of Directors of its parent, Tenet Healthcare Corporation (“Tenet”) attached hereto (Attachment A), enters into this Amendment to the Non-Prosecution Agreement (“Agreement”) dated September 30, 2016.
AGREEMENTNon-Prosecution Agreement • October 23rd, 2008
This agreement shall be deemed to have been executed on the date that it has been signed by each of the following persons: Michael Renna, CEO of Michael Angelo’s Gourmet Foods; David Botsford, Attorney for Michael Renna and the Corporation; Strasburger & Price, by Francine Breckenridge, Attorney for the Corporation and Ronald Earle, District Attorney of Travis County, Texas, representing the State of Texas.
ContractNon-Prosecution Agreement • May 5th, 2020
Re: Non-Prosecution Agreement with Morgan Stanley & Co. LLCNon-Prosecution Agreement • January 11th, 2024
This Agreement is effective for a period beginning on the date on which it is signed and ending three years from that date (the “Term”). Morgan Stanley agrees, however, that, in the event the United States determines, in its sole discretion, that Morgan Stanley has knowingly violated any provision of this Agreement or has failed to completely perform or fulfill each of Morgan Stanley’s obligations under this Agreement, an extension or extensions of the Term may be imposed by the United States, in its sole discretion, for up to a total additional time period of one year, without prejudice to the right of the United States to proceed as provided below. Any extension of the Agreement extends all terms of this Agreement for an equivalent period.
STATEMENT OF FACTSNon-Prosecution Agreement • July 16th, 2012
This Statement of Facts is incorporated by reference as part of the non-prosecution agreement, dated July 6, 2012, between the United States Department of Justice, Criminal Division, Fraud Section (the “Department”) and The NORDAM Group, Inc., its subsidiaries, and affiliates (“NORDAM” or the “Company”). The Department and the Company agree that, at all relevant times, the following facts are true and correct:
December 10, 2010 Carlos F. Ortiz, Esq. LeClair Ryan One Riverfront Plaza 1037 Raymond Boulevard Sixteenth Floor Newark, New Jersey 07102 Roy K. McDonald, Esq. DLA Piper US LLP 555 Mission Street, Suite 2400 San Francisco, California 94105-2933 Re:...Non-Prosecution Agreement • March 31st, 2011 • Rae Systems Inc • Measuring & controlling devices, nec
This Agreement does not provide any protection against prosecution for any crimes except as set forth above, and applies only to RAE Systems and not to any other entities except as set forth in this Agreement, including Appendix A, or to any individuals. RAE Systems expressly understands that the protections provided to RAE Systems under this Agreement shall not apply to any acquirer or successor entities unless and until such acquirer or successor formally adopts and executes this Agreement.
ContractNon-Prosecution Agreement • July 9th, 2022
Hunter Roberts Construction to Pay More Than $7 Million in Penalties and Restitution for Engaging in a Fraudulent Overbilling
United States Attorney Southern District of New York The Silvio J. Mollo Building One Saint Andrew's Plaza New York. New York 10007 March 26, 2007Non-Prosecution Agreement • May 10th, 2007 • Electronic Clearing House Inc • Functions related to depository banking, nec
The SEC’s First Non-Prosecution AgreementNon-Prosecution Agreement • January 20th, 2011
Editor’s Note: Wayne Carlin is a partner in the Litigation Department at Wachtell, Lipton, Rosen & Katz. This post is based on a Wachtell Lipton firm memorandum by Mr. Carlin, Theodore A. Levine and David B. Anders.
NON-PROSECUTION AGREEMENT BETWEEN THE BANK OF NEW YORK AND THE U.S. ATTORNEY'S OFFICES FOR THE EASTERN AND SOUTHERN DISTRICTS OF NEW YORKNon-Prosecution Agreement • May 5th, 2020
authority granted by its Board of Directors, the UNITED STATES ATTORNEY'S OFFICE FOR THE EASTERN DISTRICT OF NEW YORK (the "EDNY USAO"), and the UNITED STATES ATTORNEY'S OFFICE FOR THE SOUTHERN DISTRICT OF
UNITED STATES OF AMERICA SECURITIES AND EXCHANGE COMMISSION NON-PROSECUTION AGREEMENTNon-Prosecution Agreement • April 22nd, 2013 • Ralph Lauren Corp • Men's & boys' furnishgs, work clothg, & allied garments
February 9, 2016Non-Prosecution Agreement • February 10th, 2016
On the understandings specified below, the Office of the United States Attorney for the Southern District of New York (“this Office”) will not criminally prosecute AMG Services, Inc. (“AMG”) or MNE Services, Inc. (“MNES”; AMG and MNES are collectively referred to herein as the “Entities”), corporations established by the Miami Tribe of Oklahoma, for any offenses (except for criminal tax violations as to which this Office cannot and does not make any agreement), including violations of 18 U.S.C. § 1961 et seq., 18 U.S.C. § 1343, and 18 U.S.C. § 1956, related to the Entities’ involvement in the payday lending business with Scott Tucker (“Tucker”) and various companies controlled by Tucker, from in or about 2003 to in or about 2013, to the extent the Entities have disclosed such involvement to this Office as of the date of this Agreement.
Fraud SectionNon-Prosecution Agreement • January 19th, 2010
Alpha FoundationNon-Prosecution Agreement • March 23rd, 2015
Michelle M. HeldmyerNon-Prosecution Agreement • May 12th, 2014
NON-PROSECUTION AGREE MENT BETWEEN SCHIAVONE CONSTRUCTION CO. LLC AND THE UNITED STATESNon-Prosecution Agreement • December 1st, 2010
undersigned President, Jose Antonio Lopez-Monis Plaza, and its undersigned attorney, Austin V. Campriello, both of whom are acting pursuant to authority granted by SCHIAVONE's Board of Managers, and the UNITED STATES ATTORNEY'S OFFICE FOR THE EASTERN
Re: Pro-Mark Services, Inc., Non-Prosecution Agreement Dear Ms. Bennett:Non-Prosecution Agreement • November 2nd, 2023
The United States Department of Justice’s Antitrust Division and the United States Attorney’s Office for the District of North Dakota (collectively, “the United States”) and Pro-Mark Services, Inc. (“Pro-Mark” or “the Company”), a corporation organized under the laws of North Dakota and headquartered in North Dakota, pursuant to authority granted by the Special Committee of the Pro-Mark Board of Directors enter into this Non-Prosecution Agreement (the “Agreement”). Pro-Mark agrees to certain terms and obligations as set forth below.
Re: Non-Prosecution Agreement with Morgan Stanley & Co. LLCNon-Prosecution Agreement • January 11th, 2024
This Agreement is effective for a period beginning on the date on which it is signed and ending three years from that date (the “Term”). Morgan Stanley agrees, however, that, in the event the United States determines, in its sole discretion, that Morgan Stanley has knowingly violated any provision of this Agreement or has failed to completely perform or fulfill each of Morgan Stanley’s obligations under this Agreement, an extension or extensions of the Term may be imposed by the United States, in its sole discretion, for up to a total additional time period of one year, without prejudice to the right of the United States to proceed as provided below. Any extension of the Agreement extends all terms of this Agreement for an equivalent period.
Non Prosecution AgreementNon Prosecution Agreement • January 24th, 2012
ContractNon-Prosecution Agreement • October 30th, 2009 • Optimal Group Inc • Services-business services, nec
