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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:

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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

Deutsche Bank Pays More than $16M to Settle SEC Charges of FCPA Violations

Posted  08/30/19
Last week, the SEC announced that German-based banking giant Deutsche Bank agreed to pay more than $16 million to settle charges it violated the Foreign Corrupt Practices Act (FCPA) by hiring relatives of foreign officials in China and Russia to get investment banking business.  See SEC Press Release.  According to the SEC’s order, these so-called "referral hires" bypassed the bank's merit-based hiring process and...

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

Calling all FCPA Whistleblowers — The CFTC Wants You!

Posted  06/19/19
Businessmen Holding Foreign Currency in an Envelope
If you have information on Foreign Corrupt Practices Act (FCPA) violations in the commodities or derivatives markets, the Commodity Futures Trading Commission (CFTC) wants to hear from you. The agency made this clear in a recently-issued CFTC "Whistleblower Alert" calling on all FCPA whistleblowers to step forward and report what they know. The agency even dangled the potential for monetary rewards for those...

Catch of the Week — Fresenius Medical Care

Posted  04/5/19
Fresenius Medical Care Logo
German-based medical device production and services company Fresenius Medical Care AG & Co. KGaA (“FMC”), agreed on March 29th to a $231 million settlement with both DOJ and the SEC to resolve allegations it violated the Foreign Corrupt Practices Act by paying bribes between 2007 and 2016 to publicly employed health and/or government officials to obtain or maintain business in Angola and Saudi Arabia....
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