Ronald Machen Jr., former U.S. attorney for D.C. and now a Wilmer Hale partner. Photo by Diego M. Radzinschi/ALM

A team from Wilmer Cutler Pickering Hale and Dorr represented a Panasonic Corp. subsidiary as the company worked to resolve alleged violations of federal anti-corruption law, a negotiation that resulted Monday in settlements with the U.S. Justice Department and U.S. Securities and Exchange Commission totaling $280 million.

Wilmer partner Ronald Machen, a former U.S. attorney for the District of Columbia, served as lead defense counsel for Panasonic Avionics Corp. a supplier of in-flight entertainment and communications systems, which agreed to pay a $137.4 million penalty as part of a deferred prosecution agreement with the Justice Department.

Partner Matthew Jones, also on Panasonic's team, was formerly chief counsel to Machen at the U.S. attorney's office. Machen and Jones were not immediately reached for comment Monday about the penalties under the Foreign Corrupt Practices Act.

“We are pleased to have resolved these investigations; we have taken extensive steps over the past few years to strengthen Panasonic Avionics' compliance programs and internal controls, and we welcome an independent compliance monitor to assess our progress,” said Panasonic Avionics CEO Hideo Nakano. Panasonic Avionics is based in Lake Forest, California.

The Justice Department penalty announced Monday represented a 20 percent discount off the low end of the U.S. sentencing guideline range. Prosecutors said they gave Panasonic the reduction for its cooperation with the investigation and for the steps the company took to address the misconduct, such as replacing several senior executives who were involved in the misconduct.

The company separately agreed to pay $143 million in disgorgement to the SEC. According to the SEC settlement, the company created an “office of compliance and ethics” led by a new chief compliance officer.

The settlement terms also require Panasonic to retain an independent compliance monitor for at least two years and continue cooperating with the Justice Department.

The settlements come a year after the the company disclosed that Panasonic Avionics was being investigated by the two federal agencies for violations of the Foreign Corrupt Practices Act.

In court documents Monday, the Justice Department said Panasonic Avionics used a third-party service provider in China and other parts of Asia to hire consultants who never ultimately performed consulting work for the company.

One of the consultants was offered a position while he was working for a state-owned airline and negotiating two agreements with Panasonic valued at more than $700 million. In a six-year span, the consultant was paid nearly $900,000, and the portions of the contract he negotiated drove $92 million in profits for Panasonic, the Justice Department said.

Panasonic Avionics admitted that it mischaracterized the payments as “consultant payments,” which then caused its parent company to incorrectly identity them in its own books and records.

“Investors rightfully expect that the companies they invest in will not engage in bribery or fraud,” said Antonia Chion, associate director of the SEC's enforcement division. “Issuers must implement effective controls for the selection and engagement of consultants and agents to ensure compliance with anti-bribery statutes.”

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