The right to enter into negotiations on the DPA rests with the SFO, not the company under investigation. The SFO proposed to SGL a DPA based on several factors, including immediate and voluntary self-information from SGL (1), (2) the non-maintenance agreement for staff, (3) prior and future cooperation, (4) non-recidivism, (5) payment of the fine and (6) payment of SFO investigation fees.  The SFO also reviewed Serco`s cooperation and compliance obligations (1), (2) important corrective measures, (3) the obligation not to dissolve SGL for the three-year mandate, and (4) the agreement to implement specific compliance programming.  Recovery efforts include (1) company-wide compliance programs, (2) full management revenue, (3) “many forms of internal and external audit, analysis, audits and detailed audits” and (4) compensation and compensation paid to the UK Department of Justice in December 2013.   Avanir press release; Corporate Integrity Agreement between the Office of Inspector General of the Department of Health and Human Services and Avanir Pharmaceuticals, Inc. (September 25, 2019), oig.hhs.gov/fraud/cia/agreements/Avanir_Pharmaceuticals_Inc_09252019.pdf [`Avanir CIA`].  Deferred Prosecution Agreement, Bradken, Inc. (June 15, 2020) (“Bradken DPA”); Press release, Bradken Inc. pays $10.8 million to settle charges under the False Claims Act, and enters into an agreement on adjourned lawsuits (June 15, 2020), www.justice.gov/usao-wdwa/pr/bradken-inc-pays-108-million-settle-false-claims-act-allegations-and-enters-deferred. On June 25, 2020, Alcon Pte Ltd – a former subsidiary of Novartis AG, a Swiss-based global pharmaceutical company and a current subsidiary of Alcon Inc., an independent multinational eye care company following Novartis` relocation in April 2019 – joined DOJ`s fraud department and the U.S. Attorney`s Office for the New New New District.  The agreement dispelled allegations that, from 2011 to 2014, Alcon Pte Ltd conspired to violate the FCPA`s book and registration provisions by giving Vietnamese health professionals inappropriate economic benefits (“HCPs”).
 Efforts by the Quebec engineering office SNC-Lavalin to resolve the fraud and corruption charges against the company by a dpa ended with an admission of guilt from the company`s construction arm and led to a political scandal that reached the post of Prime Minister. SNC-Lavalin was accused of paying some C$47.7 million between 2001 and 2011 (approximately US$36.4 million through current conversion rates) to Libyan officials.  Had it been convicted, the company could have faced a 10-year ban on obtaining federal government contracts under Canada`s “integrity regime.”  In October 2018, after the Federal Director of The Crown decided that the case was not fit for a CCA, the market value of the business fell by about C$2.2 billion (approximately $1.7 billion).  Comment.