LATAM’s Delayed Self-Report and Inadequate Remediation Result in FCPA Fine Above Sentencing Guideline Minimum

LATAM Airlines Group, along with its predecessor-in-interest LAN Airlines, has agreed to pay more than $22 million in penalties and disgorgement in order to settle allegations of books and records violations related to a union dispute in Argentina. Despite the lack of bribery allegations, the company paid a hefty penalty to the DOJ based on its failure to self-report the conduct in a timely manner or adequately remediate. Among the company’s remedial failures, the DOJ cited a lack of employee discipline, likely referencing the company’s CEO, who entered into a settlement with the SEC over the same conduct but remains in his position. See “CEO of LAN Airlines Settles FCPA Charges With SEC Over Union Dispute” (Feb. 10, 2016).

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