Archive

August 28, 2020

Herbalife Nutrition Ltd. will pay over $123 million to resolve claims that the US-based company violated the Foreign Corrupt Practices Act by paying bribes to Chinese officials and other state-owned entities in order to secure required direct selling licenses, improperly influence Chinese investigations into Herbalife's business, and improperly influence Chinese state-owned and state-controlled media for the purpose of removing negative media reports about Herbalife. Herbalife admitted that over the course of ten years it falsified its books and records in order to provide corrupt payments and benefits to Chinese government officials.  To resolve criminal charges, Herbalife will enter into a deferred prosecution agreement and pay a $55 million criminal penalty; to resolve civil charges by the SEC, Herbalife will pay disgorgement and interest totaling approximately $67 million.  DOJ; USAO SDNY; SEC

August 6, 2020

South Carolina-based consumer loan company World Acceptance Corporation has been ordered to pay $21 million to resolve allegations of violating the Foreign Corrupt Practices Act (FCPA).  According to the SEC, the company’s former Mexican subsidiary, WAC de Mexico S.A. de C.V., paid more than $4 million in bribes to Mexican officials from 2010 to 2017 in order to secure the ability to make loans to government employees, then recorded the payments as legitimate business expenses.  SEC

July 2, 2020

Alexion Pharmaceuticals, Inc. will pay $21 million to resolve SEC charges that it violated the Foreign Corrupt Practices Act.  Alexion subsidiaries in Turkey and Russia were alleged to have made payments to foreign officials in those countries in order to secure favorable regulatory treatment for Alexion’s drug Soliris, and to increase the number of prescriptions for the drug.  The Turkish and Russian subsidiaries, as well as Alexion subsidiaries in Brazil and Colombia, falsified their books and records with respect to improper payments, and Alexion’s internal accounting controls were not adequate to detect or prevent the improper payments and accounting.  SEC

June 25, 2020

Novartis AG, a Switzerland-based pharmaceutical company, along with its Greek subsidiary, Novartis Hellas S.A.C.I. (Novartis Greece), have agreed to pay $233 million to the DOJ and $112 to the SEC, for a combined penalty of $345 million, in order to resolve charges of violating the Foreign Corrupt Practices Act.  A former subsidiary, Alcon Pte Ltd—now a subsidiary of multinational eyecare company, Alcon Ltd—has agreed to pay $8.9 million to resolve similar charges.  Between 2012 and 2016, the subsidiaries allegedly bribed employees of state-owned hospitals and clinics in Greece and Vietnam to use Novartis or Alcon-branded products while falsely recording the improper payments.  As part of the settlement, both Novartis Greece and Alcon Pte Ltd will also enter into deferred prosecution agreements with DOJ.  DOJ; USAO NJ; SEC

April 17, 2020

Italian oilfield services company Eni S.p.A. agreed to pay a total of $24.5 million in disgorgement and interest to resolve charges that it violated the Foreign Corrupt Practices Act.  Eni, which has ADRs listed on the NY Stock Exchange, is alleged to have used its subsidiary, Saipem S.p.A. to make payments of $215 million under sham agreements with an intermediary to assist in securing contracts with Algeria’s state-owned oil company.  The intermediary had no qualifications in any relevant field, no office, and no staff – but was known to be “like a son” to the Algerian energy minister.  Eni failed to accurately record the nature of the intermediary payments in its books and records.  SEC

February 28, 2020

Cardinal Health, a pharmaceutical company in Ohio, has agreed to pay more than $8 million to resolve charges of violating the Foreign Corrupt Practices Act.  Between 2010 and 2016, the company's China branch allegedly made payments to government-employed healthcare professionals and retail companies on behalf of a European dermocosmetic company whose products Cardinal China distributed.  Additionally, the company took part in a profit-sharing agreement with the dermocosmetic company, and failed to maintain complete records on the affected accounts.  As part of the settlement, Cardinal Health will cease and desist and pay $5.4 million in disgorgement, $916,887 in prejudgment interest, and $2.5 million in civil penalty.  SEC

January 31, 2020

Airbus SE has agreed to pay more than $3.9 billion to resolve charges by U.S., U.K., and French authorities of violating the Foreign Corrupt Practices Act (FCPA), the Arms Export Control Act (AECA), and the International Traffic in Arms Regulations (ITAR).  From at least 2008 until 2015, the French aircraft manufacturer allegedly paid bribes to officials in China, Ghana, Indonesia, Malaysia, Sri Lanka, and Taiwan, in exchange for improper business advantages and other favorable treatment.  Additionally, Airbus also failed to provide accurate information to the State Department’s Directorate of Defense Trade Controls (DDTC) about commissions it paid in connection with the sale or export of arms.  DOJ; USAO DC

December 16, 2019

A Goldman Sachs executive charged with violating the Foreign Corrupt Practices Act has been permanently banned from the securities industry and ordered to pay disgorgement of $43.7 million.  In order to secure lucrative business for Goldman Sachs, managing director Tim Leissner had allegedly directed a third party intermediary to bribe government officials in Malaysia and the Emirate of Abu Dhabi.  SEC

December 6, 2019

Telefonaktiebolaget LM Ericsson (“Ericsson”) has agreed to pay more than $1 billion to resolve DOJ and SEC allegations that its subsidiaries engaged in a large-scale bribery scheme, in violation of the Foreign Corrupt Practices Act (FCPA).  The alleged misconduct occurred over a span of 16 years ending in 2016 and involved approximately $45 million in bribes paid to a consulting party in Indonesia, $31.5 million paid to third parties in China, $4.8 million paid to a consulting company in Vietnam, $2.1 million paid to government officials in Djibouti, and $450,000 paid to a consulting company in Kuwait.  To settle charges, Ericsson has entered into a deferred prosecution agreement and will pay a criminal penalty of over $520 million, as well as disgorgement and prejudgment interest of $540 million.  DOJ; USAO SDNY; SEC

November 22, 2019

The former president of Transport Logistics International, Mark Lambert, was found guilty of violating the Foreign Corrupt Practices Act for his role in a bribery scheme designed to secure a contract for TLI from JSC Techsnabexport (TENEX), a subsidiary of Russia’s State Atomic Energy Corporation.  According to the evidence at trial, Lambert worked for years to direct payments to TENEX official Vadim Mikerin, using offshore accounts and creating fake invoices.  Lambert faces five years in prison.  TLI previously agreed to pay a $2 million penalty; Mikerin previously pleaded guilty on related charges.  USAO MD