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DOJ Appoints Barnes & Thornburg as Independent Monitor of Olympus’ Compliance With Deferred Prosecution Agreements

March 1, 2016 Indianapolis

INDIANAPOLIS Larry Mackey, litigation partner at Barnes & Thornburg in Indianapolis, has been selected by the U.S. Department of Justice (DOJ) to serve as an independent monitor of Olympus Corp. of the Americas (OCA) to oversee the two Deferred Prosecution Agreements (DPA). Mackey, a former federal prosecutor who focuses on white collar crime, was appointed by U.S. Attorney Paul J. Fishman of the District of New Jersey.

OCA, the largest distributor of endoscopes and related equipment in the U.S., was charged with a violation of federal anti-kickback laws in the sale of its medical devices, as well as the Foreign Corrupt Practices Act in the sale of those devices by an OCA subsidiary in Latin America. To resolve the civil and criminal allegations, OCA will pay a total of nearly $646 million and must implement a number of compliance measures that will be assessed by Mackey over a period of three years.

“It is an honor that the DOJ has chosen Barnes & Thornburg to serve in this role,” said Mackey. “I’m confident that the firm’s experience in corporate compliance makes us a good fit for this important responsibility.”

Mackey, who also chairs Barnes & Thornburg’s White Collar and Investigations practice, is well-known for his convictions of the Oklahoma City bomber defendants, in addition to investigating and trying a wide array of white collar offenses, including fraud cases (securities, healthcare, banking), money laundering, antitrust violations, and environmental crimes.

More information is available in the DOJ’s press release.

With more than 600 attorneys and other legal professionals, Barnes & Thornburg is one of the largest law firms in the country. The firm serves clients worldwide from 12 offices in Atlanta, Chicago, Delaware, Indiana, Los Angeles, Michigan, Minneapolis, Ohio, and Washington, D.C. For more information, visit us online at www.btlaw.com or on Twitter @BTLawNews.


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