U.S. v. DaimlerChrysler Automotive Russia SAO, No. 10-cr-54 (D.D.C. 2010).
Daimler AG; Daimler Export and Trade Finance GmbH; DaimlerChrysler China Ltd.
2000; 2001; 2002; 2003; 2004; 2005
Russian federal and muncipal government officials including officials in the city of Moscow, other Russian cities, and the Russian military.
Daimler AG ("Daimler") subsidiary DaimlerChrysler Automotive Russia SAO (“DCAR”) made payments to Russian government officials by over-invoicing the customer and then paying the excess amount back to the government officials. Daimler and DCAR also made payments to third parties and shell entities in connection with the sale of vehicles to Russian government customers with the understanding that the payments would be passed on to Russian government officials.
On March 22, 2010, Daimler and its Chinese subsidiary, DCCL, entered into deferred prosecution agreements with the DOJ. Daimler admitted to violating the books and records provisions of the FCPA and conspiracy to violate the books and records provisions of the FCPA. DCCL admitted to violating the anti-bribery provisions of the FCPA and conspiracy to violate the anti-bribery provisions of the FCPA.
On the same day, Daimler’s Russian subsidiary, DCAR, and Daimler’s finance subsidiary, DETF, each pleaded guilty to violating the anti-bribery provisions of the FCPA and conspiracy to violate the anti-bribery provisions of the FCPA.
Under the terms of its agreement with the DOJ, Daimler must hire an independent monitor for three years to oversee the implementation of a robust compliance program. If Daimler complies fully with its agreement for a period of two years and seven days, the DOJ agrees not to bring any other charges based on this underlying conduct or other conduct that Daimler disclosed to the DOJ.