Re: UniCredit Bank Austria AG
Dear Ms. Boucher and Mr. DiBianco:
The United States Department of Justice, Criminal Division, Money Laundering and Asset Recovery Section and the United States Attorney's Office for the District of Columbia (the Offices), and UniCredit Bank Austria AG (the "Bank") pursuant to authority granted by the Bank's Management Board as reflected in Attachment B, enter into this Non-Prosecution Agreement (the "Agreement"). On the understandings specified below, the Offices will not criminally prosecute the Bank for any crimes (except for criminal tax violations, as to which the Offices do not make any agreement) relating to any of the conduct described in the Statement of Facts attached hereto as Attachment A (the "Statement of Facts") or disclosed by the Bank in writing to the Offices prior to the Agreement. The Bank, pursuant to authority granted by its Management Board, also agrees to certain terms and obligations of the Agreement as described below.
The Offices enter into this Agreement based on the individual facts and circumstances presented by the case and the Bank, including:
(a) the Bank did not receive voluntary disclosure credit because it did not voluntarily and timely disclose to the Offices the conduct described in the Statement of Facts;
(b) the Bank received credit for its cooperation with the Offices' investigation, including conducting a thorough internal investigation, making regular factual presentations to the Offices, voluntarily making employees available for interviews, producing documents to the Offices consistent with applicable data privacy laws, and collecting, analyzing, and organizing voluminous evidence and information for the Offices;
(c) the Bank provided to the Offices all relevant facts known to it, including information about the individuals involved in the conduct described in the attached Statement of Facts and conduct disclosed to the Offices prior to the Agreement;