Contact

Click here for a confidential contact or call:

1-212-350-2764

FCPA

This archive displays posts tagged as relevant to the Foreign Corrupt Practices Act or FCPA. You may also be interested in the following pages:

Page 1 of 19

In an Effort to Curb Corruption, U.S. and Brazil Update Trade Agreement by Strengthening Whistleblower Protections

U.S. and Brazil flags flying together
On October 19, 2020, the U.S. and Brazil signed a Protocol on trade rules and transparency, updating their 2011 Agreement on Trade and Economic Cooperation (ATEC). The Protocol includes three annexes – one of which comprises cutting-edge provisions that are at the very forefront of recent developments in the area of whistleblower protection. Article 3 of Annex III provides specific obligations in line with both...

October 27, 2020

Chicago-based distillery Beam Suntory Inc. (Beam) has agreed to pay over $19.5 million to settle allegations of paying bribes to Indian government officials between 2006 to 2012, in violation of the Foreign Corrupt Practices Act (FCPA).  At least some of the bribes were authorized by a high-level regional executive and paid by third parties.  Additionally, Beam intentionally failed to implement internal controls to prevent such conduct, as well as falsified books and records to conceal the bribes after they were paid.  As part of the settlement, Beam admitted to the charges and agreed to a three-year deferred prosecution agreement.  USAO NDIL

Catch of the Week: Goldman Sachs Agrees to Pay Over $2.9 Billion in Foreign Bribery Case

Posted  10/23/20
businessmen shaking hands and other placing money in others pocket
The Goldman Sachs Group Inc. and its Malaysian subsidiary have admitted to conspiring to violate the Foreign Corrupt Practices Act (FCPA) by engaging in a scheme to pay more than $1.6 billion in bribes to foreign officials in exchange for lucrative contracts.  According to Goldman’s admissions and court documents, Goldman paid these bribes to foreign officials in Malaysia and Abu Dhabi in order to obtain and retain...

October 22, 2020

The Goldman Sachs Group, Inc. and its Malaysian subsidiary, Goldman Sachs (Malaysia) Sdn. Bhd. (GS Malaysia) have pleaded guilty to conspiracy to violate the Foreign Corrupt Practices Act (FCPA), entered into a deferred prosecution agreement with DOJ, and agreed to pay $2.9 billion as part of a coordinated resolution with authorities in the U.S., U.K., and Singapore.  Between 2009 and 2014, senior employees at the global financial institution directly and indirectly paid over $1.6 billion in bribes to government officials in Malaysia and Abu Dhabi, earning $606 million in revenue and an increased presence in Southeast Asia as a result.  Goldman’s managing director, Tim Leissner, was separately charged for his role last DecemberDOJ; USAO EDNY; SEC

October 14, 2020

Brazilian investment company J&F Investimentos S.A. and is meat producer subsidiary, JBS S.A., along with their principles Joesley Batista and Wesley Batista have entered into a settlement agreement with the SEC and DOJ, agreeing to pay nearly $283 million in fines and disgorgement and plead guilty to resolve charges under the FCPA arising from a scheme to bribe government officials in Brazil in order to obtain financing and other benefits for the companies.  Defendants paid approximately $180 million in bribes to obtain hundreds of millions of dollars in financing from Brazilian state-owned and state-controlled banks BNDES and Caixa, as well as to facilitate JBS’s acquisition of U.S. company Pilgrim’s Pride Corporation.  The bribes were allegedly paid from U.S. assets, including JBS operating accounts that also contained Pilgrim’s funds.  The SEC further charged that the Batistas, who exerted significant control over Pilgrim’s, caused it have an inadequate system of internal controls and accurate books and records.  The criminal fine of $256 million will be discounted up to 50% to credit defendants for a settlement with Brazilian authorities valued at $1.9 billion; the SEC agreement provides for a payment of $27 million in disgorgement and interest. Defendants also agreed to cooperate any ongoing or further investigations and implement an enhanced compliance program. DOJ; SEC; USAO EDNY

September 22, 2020

Florida-based asphalt company Sargeant Marine, Inc., will plead guilty and pay $16.6 million to resolve claims that it violated the Foreign Corrupt Practices Act.  Between 2010 and 2018 the company paid millions of dollars in bribes to foreign officials in Brazil, Venezuela, and Ecuador, in order to secure contracts with state-owned oil companies.  To execute the scheme and conceal the bribe payments, Sargeant Marine entered into fake consulting agreements with bribe intermediaries.  DOJ; USAO ED NY

SEC Again Postpones Hearing on Controversial Whistleblower Award Rule Amendments

Posted  09/11/20
silver whistle with Securities Exchange Commission logo
For the second time, the SEC pulled the plug on hearings to consider amendments to some key rules affecting its whistleblower reward program.  Just a day before hearings scheduled for September 2, 2020, the SEC canceled them, indicating only that they would be rescheduled for a future date.  The Commission had done the same thing in fall 2019, abandoning hearings at the last minute. There are many potential...

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

The FCPA’s Accounting Provisions Get a Fresh Look from the SEC

silver whistle with Securities Exchange Commission logo
In the New York Law Journal this week, we published an article discussing a heartening trend in the SEC’s enforcement of the Foreign Corrupt Practices Act, a law that has yielded some of the largest SEC fines and recoveries: an increased willingness to ground enforcement actions in the accounting provisions of the FCPA. The FCPA broadly prohibits two different kinds of conduct.  First, businesses may not bribe...

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
1 2 3 19

Newsletter

Subscribe to receive email updates from the Constantine Cannon blogs

Sign up for: