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September 27, 2019

Canadian Westport Fuel Systems, Inc., and its former CEO Nancy Gougarty will pay $4.1 million to resolve charges that they violated the Foreign Corrupt Practices Act in making payment to Chinese government officials.  The clean fuel technology company was found by the SEC to have transferred shares in a Westport Chinese joint venture to a Chinese private equity firm in which a government official held a financial interest, misrepresented the identity of the parties involved, and circumvented internal accounting controls.  SEC

September 26, 2019

Wisconsin-based Quad/Graphics Inc., a digital and print marketing provider, has agreed to pay $10 million to settle charges of bribing government officials in Peru and China in violation of the Foreign Corrupt Practices Act (FCPA).  The alleged misconduct by Quad/Graphics’ Peruvian subsidiary, Quad/Graphics Peru S.A., occurred from at least 2011 to 2016 and involved paid or promised bribes to government officials in order to win contracts, avoid penalties, and influence the Peruvian tax authority.  From 2010 to 2015, Quad/Graphics’ Chinese subsidiary, Quad/Tech Shanghai Trading Company, Ltd., allegedly paid or promised bribes to government employees using sham sales agents.  As part of the settlement, Quad/Graphic will pay nearly $7 million in disgorgement, $1 million in prejudgment interest, and a $2 million civil penalty, as well as self-report on its compliance program for one year.  SEC

September 23, 2019

TechnipFMC plc. was ordered by the SEC to pay $5 million to resolve allegations that the company violated the FCPA by making payments to a third party consultant who used some of the money to bribe Iraqi government officials to win business with state-owned oil companies.  The company, which previously paid $296 million to settle FCPA charges by the DOJ, was also charged with violating the FCPA’s books and records and internal accounting controls provisions.  The SEC settlement included a three-year deferred prosecution agreeement.  SEC

August 29, 2019

Technology company Juniper Networks, Inc., will pay $11.7 million to resolve alleged FCPA violations in its Russian and Chinese subsidiaries.  The company allegedly provided entertainment to customers including government officials, recording the expenses in off-book accounts or misrepresenting the nature of the meetings.  The SEC order also found that Juniper violated internal accounting controls and recordkeeping provisions.  SEC

July 30, 2019

A Micronesian government official has been sentenced to 1.5 years in a U.S. prison for participating in a scheme to launder bribes from the owner of a Hawaii-based engineering and consulting company.  In violation of the Foreign Corrupt Practices Act, Master Halbert had agreed to bribes in exchange for directing nearly $8 million in aviation contracts from Micronesia’s Department of Transportation, Communications and Infrastructure to co-defendant Frank Lyon.  DOJ

July 22, 2019

Microsoft’s Hungarian subsidiary, Microsoft Magyarország Számítástechnikai Szolgáltató és Kereskedelmi Kft., has agreed to pay a $8.7 million to the DOJ and $16.6 million to the SEC to settle allegations of violating the Foreign Corrupt Practices Act.  From 2013 to 2015, executives at Microsoft Hungary falsely represented to Microsoft that steep discounts were necessary for resellers of software licenses to the Hungarian government.  However, the resellers did not pass on the discounts to the Hungarian government, and used them for instead unspecified corrupt purposes.  DOJ; USAO SDNY; SEC

June 25, 2019

International gas and oil provider TechnipFMC plc (TFMC) and its U.S. subsidiary, Technip USA, Inc., have agreed to pay over $296 million to settle bribery charges by U.S. and Brazilian authorities.  TFMC had allegedly violated the Foreign Corrupt Practices Act from 2003 to 2013 by paying bribes to government officials in Brazil and Iraq in order to secure improper business advantages.  TFMC received a criminal fine reduction of 25% for cooperating fully and taking extensive remedial measures and a $214 million credit for penalties paid to the Brazilian government for overlapping conduct.  DOJ, USAO EDNY

June 20, 2019

To settle charges of violating the Foreign Corrupt Practices Act (FCPA), Walmart Inc. and its Brazilian subsidiary, WMT Brasilia S.a.r.l., have agreed to pay $138 million to the DOJ and $144 million to the SEC, for a combined penalty of $282 million.  According to the DOJ and SEC, Walmart’s alleged failure to implement and maintain adequate internal anti-corruption controls from 2000 to 2011 resulted in bribes to government officials in Brazil, China, India, and Mexico that allowed Walmart’s foreign subsidiaries to open more stores faster.  For cooperating with all investigations and self-disclosing some of the alleged misconduct, Walmart received a reduction of 20-25% off the amount originally owed to the DOJ.  In addition to the monetary penalty, Walmart has agreed to retain an outside compliance monitor for two years.  DOJ, SEC, USAO EDVA

March 29, 2019

A German provider of dialysis products and services has agreed to pay a total of $231 million to the DOJ and SEC for violating the Foreign Corrupt Practices Act (FCPA). Fresenius Medical Care AG & Co. KGaA (FMC) admitted to paying $30 million in bribes to government officials throughout Africa, the Middle East, and other regions, in order to procure business that eventually earned it over $140 million in profits. Although it voluntarily self-disclosed the misconduct in 2012, the misconduct continued in certain countries until 2016. As part of the resolution, Fresenius has entered into a non-prosecution agreement with the DOJ and will pay $85 million in criminal penalties to the DOJ, as well as $147 million in disgorgement and interest to the SEC. DOJ; SEC; USAO MA

March 6, 2019

A Russian telecommunications provider agreed to pay $850 million to the U.S. resolve charges that it violated the Foreign Corrupt Practices Act (FCPA) in seeking to win business in Uzbekistan. Over a period of eight years, Mobile TeleSystems PJSC (MTS) allegedly paid at least $120 million in bribes to an Uzbek official who held sway over the country's telecommunications regulatory authority, resulting in more than $2.4 billion in company revenues. MTS also agreed to a $100 million settlement with the SEC, included within the total $850 million settlement. DOJ; SEC; USAO SDNY
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