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Filed.dss Dpa

Filed.dss Dpa

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Published by: corruptioncurrents on Jun 18, 2012
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07/10/2013

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FILED
IN
THE
UNITED
STATES
DISTRICT
COURT
FOR
THE
EASTERN
DISTRICT
OFVIRGINIA
AlexandriaDivision
:...:
xi
ic
ph
22
c::'•'
DISTRICT
IT
ALEXANDRIA.
V...IA
UNITEDSTATES
OF
AMERICA,
)
))
v.)
CRIMINAL
NO.l:12-CR-262
))
DATASYSTEMS&
SOLUTIONS
LLC,)
)
Defendant.
)
DEFERRED
PROSECUTION
AGREEMENT
DefendantDataSystems&SolutionsLLC("DS&S"),byitsundersignedattorneys,
pursuanttoauthoritygrantedby
DS&S's
MembersCommittee,andtheUnitedStates
Department
of
Justice.CriminalDivision,FraudSectionandtheUnitedStatesAttorney'sOfficefortheEasternDistrict
of
Virginia(collectively,the"Department"),enterintothisdeferred
prosecutionagreement(the
•'Agreement"').
Thetermsandconditions
of
thisAgreementareas
follows:
CriminalInformationand
Acceptance
of
Responsibility
1.DS&SacknowledgesandagreesthattheDepartmentwillfiletheattachedtwo-
countcriminalInformationintheUnitedStatesDistrictCourtfortheEasternDistrict
of
Virginia
chargingDS&Swithonecount
of
conspiracytoviolatethelaws
of
theUnitedStates,in
violation
of
Title18.UnitedStatesCode,Section371,thatis,toviolatetheanti-bribery
provisions
of
theForeignCorruptPracticesAct("FCPA"),Title15,UnitedStatesCode,Section
78dd-2,andonecount
of
violatingtheanti-briberyprovisions
of
theFCPA,Title15,United
Case 1:12-cr-00262-LO Document 3 Filed 06/18/12 Page 1 of 19 PageID# 18
 
StatesCode,Section78dd-2.Insodoing,DS&S:(a)knowinglywaivesitsrighttoindictmentonthischarge,aswellasallrightstoaspeedytrialpursuanttotheSixthAmendmenttothe
UnitedStatesConstitution,Title18,UnitedStatesCode,Section3161,
and
FederalRule
of
CriminalProcedure
48(b);
and(b)knowingly
waives
anyobjectionwithrespectto
venue
and
consents
tothe
filing
ofthe
Information,
as
provided
under
the
terms
of
this
Agreement,
inthe
United
States
DistrictCourtfortheEasternDistrictofVirginia.2.
DS&S
admits,accepts,andacknowledgesthatitisresponsiblefortheactsofitsofficers,directors,employees,andagentsaschargedintheInformationandasset
forth
inthe
Statement
of
Facts
attached
hereto
as
Attachment
Aand
incorporated
by
reference
into
this
Agreement,andthattheallegationsdescribedintheInformationandthefactsdescribedin
Attachment
A
are
true
and
accurate.
Should
the
Department
pursue
the
prosecution
that
is
deferred
by
this
Agreement,
DS&S
agrees
that
it
will
neither
contest
the
admissibility
of
nor
contradict
the
Statement
of
Facts
in
anysuch
proceeding,
including
anyguilty
plea
or
sentencing
proceeding.
Term
of
the
Aereement
3.
This
Agreement
is
effective
fora
period
beginning
onthe
date
on
which
the
Information
is
filedand
ending
two(2)
yearsandseven
(7)
calendar
days
from
that
date
(the
"Term").
However,
DS&S
agrees
that,
inthe
event
that
the
Department
determines,
inits
sole
discretion,that
DS&S
has
knowinglyviolated
any
provision
of
thisAgreement,
an
extension
or
extensions
of
theterm
of
the
Agreement
may
be
imposed
by
the
Department,
inits
sole
discretion,
for
up
toa
total
additional
time
period
of
oneyear,
without
prejudice
to
the
Department's
right
to
proceed
as
provided
in
Paragraphs
13-16
below.
Any
extension
of
the
Case 1:12-cr-00262-LO Document 3 Filed 06/18/12 Page 2 of 19 PageID# 19
 
Agreement
extends
all
terms
ofthis
Agreement,
includingthetermsofthereportingrequirement
underParagraph10,foranequivalentperiod.Conversely,intheeventtheDepartmentfinds,in
itssolediscretion,thatthereexistsachangeincircumstancessufficienttoeliminatetheneedfor
thereportingrequirementinParagraph10,andthattheotherprovisions
of
thisAgreementhave
beensatisfied,theTerm
of
theAgreementmaybeterminatedearly.
RelevantConsiderations
4.TheDepartmententersintothisAgreementbasedontheindividualfactsand
circumstancespresentedbythiscaseandDS&S.Amongthefactsconsideredwerethe
following:
(a)
following
thereceiptof
subpoenas
in
connection
withthegovernment's
investigation,
DS&S
initiated
an
internal
investigation
and
providedreal-timereports
and
updates
ofits
investigation
intothe
conduct
described
intheInformationand
Statement
of
Facts;
(b)
DS&S's
cooperationhas
been
extraordinary,includingconducting
an
extensive,
thorough,
andswiftinternalinvestigation;providingtotheDepartmentsearchabledatabasesofdocuments
downloaded
from
servers,
computers,
laptops,
and
otherelectronic
devices;collecting,
analyzing,
and
organizing
voluminousevidence
and
information
to
provide
to
theDepartment
ina
comprehensive
report;and
respondingpromptly
and
fully
tothe
Department's
requests;
(c)
DS&S
hasengaged
in
extensive
remediation,including
terminating
the
officers
and
employees
responsible
for
the
corruptpayments;dissolving
the
joint
venture
and
reorganizing
and
integrating
theCompany
as
a
subsidiarywith
a
more
rigorouscompliance
program;
enhancing
its
due
diligence
protocol
for
third-party
agents
and
subcontractors,
including
CEOreviewand
approval
of
the
retention
of
anyagent
or
subcontractor;
strengthening
its
ethics
policies,
including
theappointment
ofa
CompanyEthicsRepresentative
who
reportsdirectly
to
the
CEO
Case 1:12-cr-00262-LO Document 3 Filed 06/18/12 Page 3 of 19 PageID# 20

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