BRAZILIAN AIRCRAFT MAKER EMBRAER IN NEGOTIATIONS TO RESOLVE FCPA VIOLATIONS

Dominican Republic Embraer S.A.

According to its May 19 securities filing, Embraer S.A., a Brazilian manufacturer of commercial jets, has entered into discussions with DOJ to resolve a FCPA probe launched by the Department in 2010.  The government's investigation stems from allegations, previously covered here, that Embraer sales executives bribed various Dominican individuals who, in exchange, influenced legislators in the Dominican Republic to approve a $92 million contract and financing agreement for aircraft.   In its filing, the company stated that a resolution of the investigation would result in fines and other sanctions by the DOJ.  The Brazilian government’s criminal case against the eight Embraer S.A. sales executives is still ongoing.