Tarahan`s behavior dates back to before the execution of Marubenis 2012 Deferred Prosecution Agreement with the DOJ. Marubeni has made considerable efforts to improve its corruption compliance program and believes that its current program is robust and effective. Although today`s agreement with the DOJ does not require Marubeni to hire a compliance advisor, Marubeni takes this matter seriously and is committed to continuing to implement and thoroughly improve its anti-corruption compliance program. The DPAs and NPAs are remarkable in that they impose conditions on businesses that go beyond fines or prison sentences normally with criminal penalties and because they go beyond the requirement that companies correct specific practices that would be violations of the law. Instead, these agreements often require major changes in the internal processes of many types of companies – from human resources training – on the obvious assumption that without these changes, faults are likely to recur. As is the case in the company`s fcpa resolutions, Marubeni has accepted a large number of compliance requirements, and the plea agreement also contains a muzzle clause. In the appeal agreement, Marubeni acknowledged the actual assertions contained in the information and agreed that it was responsible for the actions described in the information by its current and former employees. With regard to FCPA enforcement measures in companies, companies often enter into toll agreements and statutes of limitations may be extended by other means, but the DOJ`s criminal information and arguments remain silent on all these issues relevant to the statute of limitations. However, as stated in the publication of Marubenis (a publication that the DOJ had to approve in accordance with the appeal agreement), “Tarahan`s conduct is dated prior to the implementation of Marubeni`s 2012 late prosecution agreement with the DOJ.” As noted in the original Marubeni post office, the $88 million FCPA followed last week following Marubeni, which withdrew from a deferred policing agreement for its 2012 FCPA enforcement action based on conduct on Bonny Island, Nigeria. (See here for previous mail). In 2012, Marubeni paid a $54.6 million fine to settle FCPA charges for his role as agent of the KBR-led TSKJ Nigeria joint venture. She was charged in this case with conspiracy to violate the FCPA and complicity. It obtained a two-year prosecution agreement, which ended on February 26 of this year.

The department today filed a prosecution agreement and criminal investigation against Marubeni in the U.S. District Court for the Southern District of Texas. Marubeni is charged with conspiracy and charges of complicity and complicity in the offence of the FCPA.

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