U.S. Department of Justice
National Security Division
October 20, 2026
Eric S. Volkman
Latham & Watkins LLP
555 Eleventh Street, NW Suite 1000
Washington, D.C. 20004
Re: Extreme Networks, Inc.
Dear Counsel:
The United States Department of Justice, National Security Division (“NSD”), Counterintelligence and Export Control Section and the United States Attorney’s Office for the Eastern District of North Carolina (together, the “Offices”) and Extreme Networks, Inc., a corporation formed under the laws of Delaware and headquartered in Morrisville, North Carolina (the “Company”), pursuant to the authority granted by its Board of Directors, enter into this Non-Prosecution Agreement (“Agreement”).
1. On the understandings specified below, the Offices will not criminally prosecute the Company for any crimes relating to or arising from any of the conduct described in this Agreement or the Statement of Facts attached hereto as Attachment A (“Statement of Facts”). To the extent there is conduct disclosed by the Company that is not set forth in the...
Notes common to Enforcement Release - Extreme Networks, Settlement Agreement - Extreme Networks and Extreme Networks - Non-Prosecution Agreement
1) Compare Enforcement Release - Microsoft Corporation (similar case where a “rogue” Russian subsidiary of a U.S. parent company engaged in willful sanctions violations, while the U.S. person parent facilitated or otherwise played a role in the transactions and therefore engaged in its own violations). Note that, in this case, OFAC does not suggest that the U.S. person parent handling the compliance function constituted a violation. Instead, it was that “Extreme [the U.S. person] exported networking equipment and related services from the United States,” indicating that the Russian subsidiary was acting more as a distributor than a subsidiary that has commercial operations independent of the U.S. person.
2) The violations committed by the U.S....