Machen Negotiates Panasonic’s $280M FCPA Penalties

Ronald Machen Jr./Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

As reported today by The National Law Journal, NAFUSA board member Ronald Machen served as lead counsel for Panasonic Avionics to resolve alleged violations of the Foreign Corrupt Practices Act, a negotiation that resulted Monday in settlements with the U.S. Justice Department and U.S. Securities and Exchange Commission totaling $280 million. Panasonic Avionics, a supplier of in-flight entertainment and communications systems, agreed to pay a $137.4 million penalty as part of a deferred prosecution agreement with the Justice Department.

As reported by the NLG, the Justice Department penalty represented a 20 percent discount off the low end of the U.S. sentencing guideline range. Prosecutors said they gave Panasonic the reduction for its cooperation with the investigation and for the steps the company took to address the misconduct, such as replacing several senior executives who were involved in the misconduct.

The company separately agreed to pay $143 million in disgorgement to the SEC. According to the SEC settlement, the company created an “office of compliance and ethics” led by a new chief compliance officer.

The settlement terms also require Panasonic to retain an independent compliance monitor for at least two years and continue cooperating with the Justice Department.

Click here to read the full article from The National Law Journal

Machen served as the United States Attorney for the District of Columbia (2010-2015). He is currently a partner Wilmer Hale.