When incidents of civilian misconduct are referred to the DoJ under MEJA, commanders and their legal advisors should prepare for the possibility that the USAO
may elect to decline prosecution.
several options: (1) The USAO
may include a notice of intent to seek
81) Perhaps the most notorious of these was the provision (82) in the June 2005 DPA between the USAO
of the District of New Jersey and Bristol-Myers Squibb that required the company to endow a chair in business ethics at the United States Attorney's law school alma mater, Seton Hall.
Nonetheless, it is important to recognize that permitting at least some appeals up the chain of command serves not only the interests of defendants but also the institutional interests of the USAO
initiated its inquiry with a subpoena and subsequent document requests in connection with a joint civil and criminal investigation.
The team was led by Sam Buffone from the Department of Justice, Joel Foreman of HUD, and at the USAO
by Assistant U.
As previously announced, Exactech entered into the DPA in December 2010 in connection with the resolution of the investigation commenced by the USAO
in December 2007 into the Company's consulting arrangements with orthopaedic surgeons relating to its hip and knee products in the United States.
Department of Health and Human Services (OIG) in connection with the previously disclosed May 5, 2011 letter from the USAO
regarding the Company's Deferred Prosecution Agreement (DPA).
In some clever wording the USAO
claims that Pybrum under reported 1 million dollars in his Federal tax returns when all the while Pybrum and the USAO
do not have ten cents of dispute over the amount of income Pybrum reported.
The settlement is not final until approved by the DOJ and until the Company and the USAO
have signed the written settlement agreement.
The directors were appointed with the approval of the USAO
The Company and the independent monitor continue their investigative activities pursuant to the DPA, and communications between the Company, the independent monitor, the USAO
and OIG are ongoing.