DOJ Determines that Biomet Breached FCPA Deferred Prosecution Agreement
On June 6, the DOJ filed a status report with the U.S. District Court for the District of Columbia stating that medical device manufacturer Biomet had violated its 2012 deferred prosecution agreement (DPA) related to FCPA charges. Specifically, the DOJ stated that it notified Biomet on April 15, 2016 that "the government had determined that Biomet had breached the DPA based on the conduct in Mexico and Brazil and based on Biomet's failure to implement and maintain a compliance program as required by the DPA." Biomet had settled FCPA charges with the DOJ and SEC in 2012 related to the company's conduct in Argentina, Brazil, and China. As previously reported in the FCPA Scorecard, Biomet's DPA had been extended twice since 2012: once in March 2015 because the company had discovered additional potential FCPA violations in Brazil and Mexico, and again in March 2016. According to the DOJ, Biomet and the DOJ are in discussions to resolve the matter without a trial.