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Bilfinger: Deferred prosecution agreement concludes

Jaclyn Jaeger | December 10, 2018

Germany-based engineering group Bilfinger announced Monday that its deferred prosecution agreement with the U.S. Department of Justice has concluded.

In December 2013, Bilfinger agreed to a $32 million criminal penalty with the Department of Justice to resolve FCPA charges that, from late 2003 through June 2005, the company conspired with pipeline construction company Willbros and others to pay more than $6 million in bribes to government officials in Nigeria to obtain and retain contracts related to a pipeline project.

As part of the settlement, Bilfinger signed a three-year deferred prosecution agreement, in which it agreed to adopt new—or modify existing—internal controls, a compliance code, and policies and procedures designed, in part, to detect and deter FCPA violations. Bilfinger further agreed to an external compliance monitor, appointing Mark Livschitz, for a minimum term of 18 months. The monitor’s primary responsibility was to regularly review the efficacy...

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