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The Morning Risk Report: Asphalt Company Got $70 Million Break on Penalty
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The Justice Department used its inability-to-pay guidance in sharply hacking back a penalty for Sargeant Marine, which pleaded guilty last week to paying millions of dollars in bribes in Latin America. PHOTO: SAMUEL CORUM/GETTY IMAGES
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Good morning. Facing a bribery probe, asphalt company Sargeant Marine Inc. claimed that a large criminal penalty would make it insolvent. So federal prosecutors knocked off more than $70 million.
A discount of more than 80% off what could have been a fine of at least $90 million is the first time prosecutors have applied the latest U.S. Justice Department guidance on inability-to-pay claims to a Foreign Corrupt Practices Act case, according to senior department officials. Sargeant Marine’s case, which ended last week with the Florida company agreeing to pay $16.6 million, illustrates how prosecutors may apply the guidance in future cases.
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The inability-to-pay guidance, issued by the department’s criminal division in 2019, was meant to create consistency and a formal process for addressing inability-to-pay claims—as well as transparency around how they are resolved.
The Sargeant Marine settlement, however, shows a limit to how much the government may be willing to divulge about a company’s sensitive financial information when providing justification for the decision to treat a company more leniently.
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Join us on Oct. 8 for the WSJ Risk & Compliance Forum, where risk managers, compliance officers and legal professionals will provide insights on how their roles are changing as companies grapple with remote workforces, digitization and an amplified focus on corporate ethics. To register, click here.
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The Trump administration sanctioned the governor of Syria’s central bank, which is headquartered in the capital Damascus. PHOTO: LOUAI BESHARA/AGENCE FRANCE-PRESSE/GETTY IMAGES
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The Trump administration blacklisted several top Syrian officials and alleged financiers, including the central-bank governor and an intelligence chief, part of a series of U.S. actions meant to oust longtime ruler President Bashar al-Assad.
The U.S. Treasury and State Departments said their actions were designed to hold individuals accountable for helping a government accused by Western officials and human-rights groups of committing war crimes throughout its long-running civil war, including the use of chemical weapons.
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A court approved a total of $800 million in payouts from casino company MGM Resorts International Inc. and its insurers to more than 4,400 relatives and victims of the Las Vegas Strip shooting that was the deadliest in recent U.S. history.
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Google’s plan to buy health-tracker Fitbit is inching toward approval in Europe after the U.S. tech company made new concessions to competitors using its Android system for mobile devices.
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Singapore’s central bank ordered Wirecard AG to shut its local payment network and return customer funds, the latest step in the dismantling of the former fintech star that was sunk by an alleged multibillion-dollar fraud.
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The Justice Department is investigating whether acquisitions by Medtronic PLC limited competition in ventilator manufacturing, according to people familiar with the matter, an antitrust probe that emerged from complaints about device shortages during the coronavirus pandemic.
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Boeing got a tentative personal endorsement for fixes to its beleaguered 737 MAX from the head of the Federal Aviation Administration after he personally took one of the jets on a test flight.
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A bankruptcy judge has extended until next year a shield that protects Purdue Pharma LP’s owners from litigation, saying the buffer is needed to facilitate negotiations with states on a potential multibillion-dollar settlement over the opioid crisis.
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5Dimes, a Costa Rica-based online sportsbook that illegally took bets from American customers for years, has reached a nonprosecution agreement with the Justice Department, as the company attempts to move into the legal sports-betting market in the U.S.
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California Gov. Gavin Newsom signed legislation Wednesday. PHOTO: DANIEL KIM/ASSOCIATED PRESS
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California Gov. Gavin Newsom signed legislation that will require the boards of publicly traded companies based in the state to have at least one racially, ethnically or otherwise diverse director by 2021.
The new quota is the first of its kind in the U.S. and follows a similar California measure enacted two years ago that mandated female directors on all boards of the state’s public companies. The law is expected to have wide-ranging impact within the state’s borders and beyond, potentially sparking fresh debate and legislative efforts in other parts of the country.
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Universal Health Services, one of the largest U.S. hospital chains, diverted ambulances from some facilities after a ransomware attack earlier this week. PHOTO: KRIS TRIPPLAAR/SIPA USA/ASSOCIATED PRESS
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Hackers are increasingly targeting health-care institutions and threatening people’s well-being as their attacks get more sophisticated and brazen.
Ransomware attacks, in which hackers cripple a software system until they receive a bounty, have surged, along with financial demands, security experts say. The attacks have been around for decades but have flourished as society has become more dependent on technology. Other factors include the rise of the cryptocurrency bitcoin, more advanced hacking techniques and, some say, the widespread adoption of cyber insurance.
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CMA CGM SA said some of its data may have been stolen after a malware attack that forced the global container line to shut down its main booking platform, delay cargo deliveries and halt electronic communications with clients and customs authorities.
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Insurer Aflac Inc. was prepared for another potential delay in the new standard, Chief Financial Officer Max Brodén said. PHOTO: MICHAEL NAGLE/BLOOMBERG NEWS
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Insurance companies are getting even more time to implement a new rule for valuing long-term contracts following a vote by the Financial Accounting Standards Board on Wednesday. Publicly listed insurers, excluding small ones, may now delay implementing the new standard until after Dec. 15, 2022. All others are allowed to wait until after Dec. 15, 2024.
The rule maker, which sets accounting standards for companies and nonprofits in the U.S., in June proposed a delay of another year for the new rule, which would require insurance firms to review assumptions used to measure the value of long-term contractual obligations and make revisions if needed.
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Randal Quarles, vice chairman of the Federal Reserve Board of Governors, testifying on Capitol Hill last December. PHOTO: ERIN SCOTT/REUTERS
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The biggest U.S. banks will face restrictions on dividends and share buybacks for another three months, the Federal Reserve said, citing the need to conserve capital during the coronavirus-induced downturn. The Fed said it would maintain prohibitions on share buybacks and a cap on dividend payments by 33 banks with more than $100 billion in assets until the end of year. The restrictions, imposed for the third quarter, were due to expire Wednesday.
Meanwhile, Boston Fed President Eric Rosengren said his outlook for the U.S. economy is more pessimistic than some of his colleagues because of his concerns that the persistence of the coronavirus pandemic will prevent a return to more normal levels of activity. Mr. Rosengren cited the potential for losses on business debt and commercial real estate to accelerate tighter lending standards from small and medium-size banks.
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A House Intelligence Committee report concludes that U.S. spy agencies are failing to meet the multipronged challenge posed by China and calls for changes to focus on pandemics, trade and other issues often given less attention by intelligence professionals.
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The empty Carnival Panorama cruise ship sat docked in Long Beach, Calif., in April. The CDC is expected to extend a ban on sailings to the end of October. PHOTO: LUCY NICHOLSON/REUTERS
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The Centers for Disease Control and Prevention extended its ban on cruise sailings in the U.S. by a month, to Oct. 31, matching the industry’s plans to restart a business that has been largely suspended by the coronavirus pandemic.
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Allstate Corp., one of the U.S.’s largest home and car insurers, announced Wednesday that it plans to lay off 3,800 employees in claims, sales and support roles.
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