On October 24, 2016, Brazilian aircraft manufacturer Embraer S.A. entered into a three-year deferred prosecution agreement (DPA) to resolve criminal charges relating to bribery of government officials in the Dominican Republic, Saudi Arabia and Mozambique and for falsely recorded payments in India.  As part of the DPA, the company admitted to paying bribes to government officials and falsifying books and records in connection with aircraft sales to foreign governments and state-owned entities.  The DPA requires Embraer to pay a criminal penalty of more than $107 million and also includes cooperation and remediation provisions.  Embraer is also required to retain an independent corporate compliance monitor for three years.  The DOJ press release announcing the agreement states that the criminal penalty is 20 percent below the bottom of the applicable range under the U.S. Sentencing Guidelines, and provides that the discount reflects Embraer’s full cooperation but incomplete remediation.  The press release states that, while Embraer disciplined a number of employees engaged in misconduct, it did not discipline a senior executive who was aware of bribery discussions and had oversight responsibility for employees engaged in those discussions.  Embraer did not voluntarily disclose the FCPA violation, but began its cooperation upon receipt of an SEC subpoena.  Embraer also reached settlements with the SEC and Brazilian authorities. United States v. Embraer S.A., 16-60284-CR (S.D. Fla.). DOJ Press Release