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The first case since the beginning of the Trump Administration in which the US Department of Justice failed to sue a company for FCPA violations

On June 16, 2017, the United States Department of Justice (DOJ) announced the termination of the investigation into alleged violation of the Foreign Corrupt Practices Act (“FCPA”) by US industrial gas supplier Linde North America Inc., Linde Gas North America LLC, together with certain subsidiaries and affiliates (collectively, “Linde” or “Company”). Although this is the sixth time the DOJ has refused to sue a company as part of the FCPA Pilot Program, this was the first FCPA-related declension announced by the DOJ since Donald Trump took the US presidency. In addition, this is the first decline in which a company is forced to repay the profits obtained illegally and its illegal profits are confiscated.

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