by Andrew M. Levine, Winston M. Paes, Erich Grosz and Chinaza Asiegbu
Left to Proper: Andrew M. Levine, Winston M. Paes, Erich Grosz, Chinaza Asiegbu (pictures courtesy of Debevoise & Plimpton LLP)
On March 19, 2026, the U.S. Division of Justice introduced that it had declined to prosecute France-based medical gadget firm Balt SAS (“Balt”) in reference to alleged violations of the U.S. International Corrupt Practices Act. This marks the primary company decision below DOJ’s newly issued department-wide Company Enforcement and Voluntary Self-Disclosure Coverage (the “CEP”).[1]
In parallel, a federal grand jury within the Central District of California indicted two people – an govt of Balt’s U.S. subsidiary and a third-party guide – for his or her alleged roles in a years-long bribery scheme involving a doctor at a French state-owned hospital.
Between roughly 2017 and 2023, by way of workers and brokers, Balt allegedly bribed a doctor who held a senior position at a state-owned public hospital in France (the “Official”) to induce the hospital to purchase medical gadgets from Balt.
The alleged scheme concerned routing funds by way of a third-party guide, who obtained purported consulting charges and bonuses, a portion of which was allegedly handed on to the Official. To hide the funds, the contributors allegedly used sham consulting agreements, false invoices, and off-channel communications, together with private e mail accounts.
DOJ decided that the scheme concerned roughly $602,000 in bribe funds and generated roughly $1.68 million in income and roughly $1.21 million in earnings.[2]
DOJ declined to prosecute Balt pursuant to Half I of the CEP, which offers for a declination when an organization voluntarily self-discloses misconduct, totally cooperates, well timed remediates, and presents no aggravating circumstances. As a part of the decision, Balt agreed to disgorge roughly $1.21 million, representing earnings derived from the misconduct.
In explaining its choice, DOJ famous the absence of aggravating circumstances and emphasised the next components:
- Well timed voluntary self-disclosure: Balt disclosed the misconduct whereas its inside investigation was ongoing;
- Full and proactive cooperation: Balt supplied all recognized related information and recognized people concerned within the misconduct; and
- Well timed and acceptable remediation: Balt disciplined workers, terminated third-party relationships, enhanced compliance controls, and carried out focused coaching.
DOJ coordinated its decision with French authorities, which entered right into a parallel decision that features compliance-related obligations. The U.S. declination letter additional makes clear that the decision doesn’t lengthen to people and that DOJ could revisit its dedication if new info emerges.[3]
In reference to the identical conduct, DOJ charged two people – David Ferrera, an govt of Balt’s U.S. subsidiary, and Marc Tilman, a guide – with FCPA and cash laundering offenses. That indictment alleges that the people orchestrated the bribery scheme by directing funds by way of the guide and disguising these funds by way of sham preparations.
The Balt decision is critical as the primary publicly introduced declination below DOJ’s newly-instituted department-wide CEP. On the similar time, the decision highlights lots of the similar components emphasised by prior administrations.
First, the declination is predicated on the corporate’s voluntary self-disclosure that happened even earlier than the corporate has accomplished its inside investigation. Prior administrations have emphasised this issue as essential to receiving a declination.[4]
Second, the declination, paired with felony expenses towards people, has been some extent of emphasis below this administration however particular person accountability has additionally lengthy been a spotlight and enforcement precedence of prior administrations.
Third, in line with prior observe, DOJ highlighted Balt’s cooperation in figuring out accountable people and supplying proof to assist prosecution as a key issue supporting the declination.
Fourth, DOJ once more positioned substantial weight on remediation, together with worker self-discipline, termination of problematic third-party relationships, and enhancements to compliance packages and inside controls, in declining to prosecute Balt. These components align intently with prior declinations and reinforce expectations relating to post-disclosure conduct. Notably, the case additionally displays DOJ’s continued software of its longstanding idea that workers of sure overseas healthcare methods qualify as “overseas officers” below the FCPA, in line with quite a few prior company resolutions.
Lastly, DOJ emphasised that the absence of aggravating circumstances was essential to the result. As with prior declinations, this underscores that eligibility for a declination below the CEP stays extremely fact-dependent and that even sturdy cooperation and remediation could not suffice when aggravating components are current.[5]
[1] U.S. Dep’t of Justice Press Launch, “Justice Division Resolves International Bribery Investigation with Balt SAS; Healthcare Government and Gross sales Guide Indicted in Alleged Years-Lengthy International Bribery Scheme” (Mar. 19, 2026), https://www.justice.gov/opa/pr/justice-department-resolves-foreign-bribery-investigation-balt-sas-healthcare-executive-and (“Press Launch”); Andrew M. Levine et al., “DOJ Proclaims Division-Large Company Enforcement Coverage,” Debevoise Debrief (Mar. 12, 2026), accessible at https://www.debevoise.com/insights/publications/2026/03/doj-announces-department-wide-corporate-enforce.
[2] Letter from U.S. Dep’t of Justice, Fraud Part to Balt SAS (Mar. 17, 2026) (“Declination Letter”).
[3] Id.; see additionally Press Launch.
[4] See Letter from U.S. Dep’t of Justice, Fraud Part, Re: Liberty Mutual Insurance coverage Firm (Aug. 7, 2025).
[5] Declination Letter at 2.
Andrew M. Levine, Winston M. Paes are Companions, Erich Grosz is a Counsel, and Chinaza Asiegbu is an Affiliate at Debevoise & Plimpton LLP. This submit first appeared as a article for the agency.
The views, opinions and positions expressed inside all posts are these of the creator(s) alone and don’t signify these of the Program on Company Compliance and Enforcement (PCCE) or of the New York College College of Legislation. PCCE makes no representations as to the accuracy, completeness and validity or any statements made on this web site and won’t be liable any errors, omissions or representations. The copyright of this content material belongs to the creator(s) and any legal responsibility on the subject of infringement of mental property rights stays with the creator(s).
by Andrew M. Levine, Winston M. Paes, Erich Grosz and Chinaza Asiegbu
Left to Proper: Andrew M. Levine, Winston M. Paes, Erich Grosz, Chinaza Asiegbu (pictures courtesy of Debevoise & Plimpton LLP)
On March 19, 2026, the U.S. Division of Justice introduced that it had declined to prosecute France-based medical gadget firm Balt SAS (“Balt”) in reference to alleged violations of the U.S. International Corrupt Practices Act. This marks the primary company decision below DOJ’s newly issued department-wide Company Enforcement and Voluntary Self-Disclosure Coverage (the “CEP”).[1]
In parallel, a federal grand jury within the Central District of California indicted two people – an govt of Balt’s U.S. subsidiary and a third-party guide – for his or her alleged roles in a years-long bribery scheme involving a doctor at a French state-owned hospital.
Between roughly 2017 and 2023, by way of workers and brokers, Balt allegedly bribed a doctor who held a senior position at a state-owned public hospital in France (the “Official”) to induce the hospital to purchase medical gadgets from Balt.
The alleged scheme concerned routing funds by way of a third-party guide, who obtained purported consulting charges and bonuses, a portion of which was allegedly handed on to the Official. To hide the funds, the contributors allegedly used sham consulting agreements, false invoices, and off-channel communications, together with private e mail accounts.
DOJ decided that the scheme concerned roughly $602,000 in bribe funds and generated roughly $1.68 million in income and roughly $1.21 million in earnings.[2]
DOJ declined to prosecute Balt pursuant to Half I of the CEP, which offers for a declination when an organization voluntarily self-discloses misconduct, totally cooperates, well timed remediates, and presents no aggravating circumstances. As a part of the decision, Balt agreed to disgorge roughly $1.21 million, representing earnings derived from the misconduct.
In explaining its choice, DOJ famous the absence of aggravating circumstances and emphasised the next components:
- Well timed voluntary self-disclosure: Balt disclosed the misconduct whereas its inside investigation was ongoing;
- Full and proactive cooperation: Balt supplied all recognized related information and recognized people concerned within the misconduct; and
- Well timed and acceptable remediation: Balt disciplined workers, terminated third-party relationships, enhanced compliance controls, and carried out focused coaching.
DOJ coordinated its decision with French authorities, which entered right into a parallel decision that features compliance-related obligations. The U.S. declination letter additional makes clear that the decision doesn’t lengthen to people and that DOJ could revisit its dedication if new info emerges.[3]
In reference to the identical conduct, DOJ charged two people – David Ferrera, an govt of Balt’s U.S. subsidiary, and Marc Tilman, a guide – with FCPA and cash laundering offenses. That indictment alleges that the people orchestrated the bribery scheme by directing funds by way of the guide and disguising these funds by way of sham preparations.
The Balt decision is critical as the primary publicly introduced declination below DOJ’s newly-instituted department-wide CEP. On the similar time, the decision highlights lots of the similar components emphasised by prior administrations.
First, the declination is predicated on the corporate’s voluntary self-disclosure that happened even earlier than the corporate has accomplished its inside investigation. Prior administrations have emphasised this issue as essential to receiving a declination.[4]
Second, the declination, paired with felony expenses towards people, has been some extent of emphasis below this administration however particular person accountability has additionally lengthy been a spotlight and enforcement precedence of prior administrations.
Third, in line with prior observe, DOJ highlighted Balt’s cooperation in figuring out accountable people and supplying proof to assist prosecution as a key issue supporting the declination.
Fourth, DOJ once more positioned substantial weight on remediation, together with worker self-discipline, termination of problematic third-party relationships, and enhancements to compliance packages and inside controls, in declining to prosecute Balt. These components align intently with prior declinations and reinforce expectations relating to post-disclosure conduct. Notably, the case additionally displays DOJ’s continued software of its longstanding idea that workers of sure overseas healthcare methods qualify as “overseas officers” below the FCPA, in line with quite a few prior company resolutions.
Lastly, DOJ emphasised that the absence of aggravating circumstances was essential to the result. As with prior declinations, this underscores that eligibility for a declination below the CEP stays extremely fact-dependent and that even sturdy cooperation and remediation could not suffice when aggravating components are current.[5]
[1] U.S. Dep’t of Justice Press Launch, “Justice Division Resolves International Bribery Investigation with Balt SAS; Healthcare Government and Gross sales Guide Indicted in Alleged Years-Lengthy International Bribery Scheme” (Mar. 19, 2026), https://www.justice.gov/opa/pr/justice-department-resolves-foreign-bribery-investigation-balt-sas-healthcare-executive-and (“Press Launch”); Andrew M. Levine et al., “DOJ Proclaims Division-Large Company Enforcement Coverage,” Debevoise Debrief (Mar. 12, 2026), accessible at https://www.debevoise.com/insights/publications/2026/03/doj-announces-department-wide-corporate-enforce.
[2] Letter from U.S. Dep’t of Justice, Fraud Part to Balt SAS (Mar. 17, 2026) (“Declination Letter”).
[3] Id.; see additionally Press Launch.
[4] See Letter from U.S. Dep’t of Justice, Fraud Part, Re: Liberty Mutual Insurance coverage Firm (Aug. 7, 2025).
[5] Declination Letter at 2.
Andrew M. Levine, Winston M. Paes are Companions, Erich Grosz is a Counsel, and Chinaza Asiegbu is an Affiliate at Debevoise & Plimpton LLP. This submit first appeared as a article for the agency.
The views, opinions and positions expressed inside all posts are these of the creator(s) alone and don’t signify these of the Program on Company Compliance and Enforcement (PCCE) or of the New York College College of Legislation. PCCE makes no representations as to the accuracy, completeness and validity or any statements made on this web site and won’t be liable any errors, omissions or representations. The copyright of this content material belongs to the creator(s) and any legal responsibility on the subject of infringement of mental property rights stays with the creator(s).
