j. Accordingly, the United States, having considered (a) to (i) above, considers that the appropriate solution in this case is a deferred prosecution agreement with the company; a criminal fine of $55,743,093, a total discount of 25 per cent from the bottom of the current criminal guidelines; and the company`s agreement to report to the United States. Audrey Strauss, the current U.S. Attorney for the Southern District of New York (SDNY), and Assistant Attorney General Brian C. Rabbitt of the U.S. Department of Justice`s Criminal Department („DOJ“) today filed criminal complaints against HERBALIFE NUTRITION, LTD. (HERBALIFE), a Los Angeles-based multinational corporation known for conspiracy to violate the books and registration rules of the Foreign Corrupt Practices Act (FCPA). The charges stem from a decades-long herbalife project to falsify books and records and grant Chinese government officials corrupt payments and benefits in order to maintain, retain and expand HERBALIFE`s business in China. With respect to the charges filed, SDNY and DOJ have entered into an agreement with HERBALIFE on deferred prosecution („DPA“). According to the DPA, HERBALIFE has admitted to participating in the indicted conspiracy and will pay a fine of $US 55,743,093.
The company will pay the SEC more than $67 million in compensation and interest. In a parallel action, the U.S. Department of Justice (DoJ) and the U.S. Attorney`s Office for the Southern District of New York said Herbalife will pay a fine of more than $55 million. As part of this action, Herbalife entered into a three-year Deferred Prosecution (DPA) agreement with the DoJ. If Herbalife complies with the DPA during its three years, the deferred charge against the company would be dismissed by prejudice. As part of the agreement, Herbalife has agreed to continue to cooperate with the U.S. government in an ongoing or upcoming criminal investigation into Herbalife, its officers, employees, or representatives. In addition, as part of the agreement, Herbalife agreed to improve its compliance program and report to the government on the implementation of its enhanced compliance program. Herbalife`s indictment was resolved by a three-year agreement on deferred prosecutions. The DPA contains the following „relevant thoughts“: NEW YORK (Reuters) – Herbalife Nutrition Ltd has reached a deferred prosecution agreement to settle accusations by the U.S. government that it granted corrupt payments and benefits to Chinese officials, including in government agencies and the media, to revive their operations in China, a federal prosecutor said Friday.
e. Based on the company`s reorganization and the status of its compliance program, as well as the company`s agreement to report to the United States in accordance with Annex D to the agreement (reporting obligations), the United States found that an independent compliance monitor was not required; The multi-level marketing company, whose products include dietary supplements, struck a three-year deal on deferred prosecutions, in which it admitted to conspiring to violate the books and records of the Foreign Corrupt Practices Act. . . .