On March 29, 2019, DOJ officials announced a non-prosecution agreement (“NPA”) with Germany-based Fresenius Medical Care AG & Co. KGaA (“Fresenius”) to resolve a seven-year DOJ and SEC investigation into FCPA violations.  Fresenius admitted to paying bribes to public officials to obtain or retain business, failing to implement reasonable internal accounting controls, and failing to maintain accurate books and records in connection with its activities in several countries in Africa and the Middle East between 2007 and 2016.  Fresenius reportedly paid bribes to publicly employed physicians and other government officials through a variety of methods, including cash kickbacks, sham consulting and commission agreements, travel and entertainment, and shares in local joint ventures.  The company agreed to pay a criminal penalty of $84.7 million, enhance its internal controls, retain an independent compliance monitor for at least two years, and thereafter self-report to DOJ for an additional year.  Fresenius will also pay $147 million in disgorgement and interest to the SEC.  DOJ officials explained that while Fresenius voluntarily disclosed the misconduct in April 2012, it did not qualify for a declination under the FCPA Corporate Enforcement Policy in light of factors that included its failure to timely or fully respond to certain requests and the fact that the misconduct continued until 2016.  Officials noted that Fresenius did, however, receive a reduction of 40 percent below the low end of the U.S. Sentencing Guidelines fine range.

DOJ Press Release