Posts Tagged With FCPA

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Attorney General Jeff Sessions Delivers Remarks at the Ethics and Compliance Initiative Annual Conference

On April 24, 2017, Attorney General Jeff Sessions spoke at the Ethics and Compliance Initiative Annual Conference.  In his remarks, Sessions stated that he wanted to “make clear” that, under his leadership, “the Department of Justice remains committed to enforcing all the laws”  including “laws regarding corporate misconduct, fraud, foreign corruption and other types of white-collar crime.”  Sessions noted that he spent his “first weeks as Attorney General” making sure that the Department “strengthens its ... Continue Reading

Acting Principal Deputy Assistant Attorney General Trevor N. McFadden of the Justice Department’s Criminal Division Speaks at ACI’s 19th Annual Conference on Foreign Corrupt Practices Act

On April 20, 2017, Acting Principal Deputy Assistant Attorney General Trevor N. McFadden spoke at the American Conference Institute (“ACI”) about the Department of Justice’s continued focus on white collar crime.  Affirming the Department’s commitment, McFadden said, “While we are boosting our focus on violent crime prosecutions, the Criminal Division is fully engaged in combating crime in all its forms, and no matter what color collar its perpetrators wear.  McFadden highlighted the work of the ... Continue Reading

Acting Principal Deputy Assistant Attorney General Trevor N. McFadden Speaks at Anti-Corruption, Export Controls & Sanctions 10th Compliance Summit

On April 18, 2017, Acting Principal Deputy Assistant Attorney General Trevor N. McFadden addressed attendees at the Anti-Corruption, Export Controls & Sanctions Compliance Summit in Washington, D.C. about Corporate Social Responsibility.  Referencing his time working in private practice, McFadden expressed his view that “the vast majority of international business and business leaders want to get compliance right.”  He also said that the improvements in corporate compliance were “quite impressive” as compared to before the enactment ... Continue Reading

Acting Assistant Attorney General Kenneth A. Blanco Speaks at the American Bar Association National Institute on White Collar Crime

On March 10, 2017, Acting Assistant Attorney General Kenneth A. Blanco addressed the 31st annual American Bar Association White Collar Crime conference about the Criminal Division, and in particular its efforts with respect to white collar crime and corruption in the international arena.  Blanco noted the Department’s success in its anti-money laundering and counter-terrorist financing efforts, as well as its continued efforts in preventing the abuse of shell companies.  Blanco then described the customer due ... Continue Reading

Deputy Assistant Attorney General Trevor McFadden Delivers Remarks at Global Investigations Review Conference in Washington, DC

On February 16, 2017, Deputy Assistant Attorney General Trevor McFadden delivered remarks on FCPA enforcement at the Global Investigations Review Conference in Washington, DC.  McFadden’s remarks, delivered 40 years after the passage of the FCPA, described the history of FCPA enforcement and signaled continuity in DOJ’s approach under the new Administration.  McFadden described the past 15 years of FCPA enforcement as a continuous effort under the Bush and Obama Administrations, and signaled continuity with DOJ’s ... Continue Reading

Las Vegas Sands Corporation Agrees to Pay Nearly $7 Million Penalty to Resolve FCPA Charges Related to China and Macao

On January 19, 2017, Las Vegas Sands Corp., a Nevada gaming and resort company, entered a non-prosecution agreement and agreed to pay $6.96 million to resolve alleged FCPA violations in connection with transactions in China and Macao.  According to admissions in the agreement, Sands failed to implement effective internal accounting controls to ensure the legitimacy of payments to a consultant promoting the Sands brand in China and Macao.  Sands also failed to prevent the false ... Continue Reading

Rolls-Royce plc Agrees to Pay $170 Million Criminal Penalty to Resolve Foreign Corrupt Practices Act Case

On January 17, 2017, Rolls-Royce plc agreed to pay the United States nearly $170 million as part of an $800 million global resolution with the United States, United Kingdom, and Brazil.  Rolls-Royce entered into a deferred prosecution agreement in connection with charges that the company conspired to violate the anti-bribery provisions of the FCPA.  According to admissions in the agreement, between 2000 and 2013, Rolls-Royce paid more than $35 million in bribes through third parties ... Continue Reading

Chilean Chemicals and Mining Company Agrees to Pay More Than $15 Million to Resolve FCPA Charges

On January 13, 2017, Sociedad Quimica y Minera de Chile (SQM) entered into a DPA and agreed to pay more than $15 million as a criminal penalty for failure to implement internal controls and falsifying its books and records under the FCPA.  The DPA provides that between 2008 and 2015, SQM made donations to foundations tied to Chilean politicians, including approximately $630,000 to foundations controlled by a Chilean official with influence over the Chilean government’s ... Continue Reading

Zimmer Biomet Holdings Inc. Agrees to Pay $17.4 Million to Resolve Foreign Corrupt Practices Act Charges

On January 12, 2017, Zimmer Biomet Holdings, Inc. entered into a three-year deferred prosecution agreement (“DPA”) in connection with charges that the company failed to implement a system of effective internal controls under the FCPA.  The DPA requires Zimmer Biomet to pay a $17.4 million criminal penalty and retain a compliance monitor for three years.  In addition, an indirect subsidiary of Zimmer Biomet, JERDS Luxembourg Holding S.àr.l., agreed to plead guilty to a one-count criminal ... Continue Reading

Two Businessmen Plead Guilty to Foreign Bribery Charges in Connection with Venezuela Bribery Schemes

On January 10, 2017, Juan Jose Hernandez-Comerma and Charles Quintard Beech III pled guilty for their roles in a foreign bribery scheme in connection with contracts from Petróleos de Venezuela S.A. (“PDVSA”), Venezuela’s state-owned and state-controlled energy company.  Hernandez-Comerma pled guilty to one count of conspiracy to violate the FCPA and one count of violating the FCPA.  Hernandez-Comerma conspired with others to pay bribes, including by providing recreational travel and entertainment to PDVSA officials in ... Continue Reading

General Cable Corporation Agrees to Pay $20 Million to Resolve Investigation into Foreign Corrupt Practices Act Violations

On December 29, 2016, General Cable Corporation (“General Cable”) entered into a non-prosecution agreement and agreed to pay a $20 million criminal penalty to resolve the government’s investigation into payments made to foreign government officials in Angola, Bangladesh, China, Indonesia and Thailand in violation of the Foreign Corrupt Practices Act.  General Cable is a Kentucky-based manufacturer and distributor of cable and wire.  According to General Cable’s admissions, beginning in 2002, some foreign subsidiaries used third-party ... Continue Reading

Teva Pharmaceuticals to Pay $519 Million in FCPA Resolution

On December 22, 2016, Teva Pharmaceutical Industries Ltd. entered into a deferred prosecution agreement and its wholly owned Russian subsidiary Teva LLC agreed to plead guilty to conspiracy to violate the FCPA for a scheme to bribe government officials in Russia, Ukraine, and Mexico.  Between 2006 and at least 2012, Teva made corrupt payments to a high-ranking Russian government official, who then used his official position to influence the Russian government to purchase Copaxone, a ... Continue Reading

Odebrecht and Braskem Plead Guilty to Resolve Largest Foreign Bribery Case in History

On December 21, 2016, Brazilian construction conglomerate Odebrecht S.A. and its affiliate Braskem S.A. pled guilty to conspiracy to violate the FCPA for a scheme to bribe government officials, primarily in Brazil.  In the largest foreign bribery case in history, Odebrecht and Braskem agreed to pay at least $3.5 billion to authorities in the United States, Brazil, and Switzerland.  Odebrecht paid over $700 million in bribes to government officials and political parties in twelve countries, ... Continue Reading

Gabonese National Pleads Guilty to Foreign Bribery Scheme

On December 9, 2016, Samuel Mebiame, a Gabonese national and the son of the former Prime Minister of Gabon, pled guilty to conspiracy to make corrupt payments to government officials in violation of the FCPA.  Mebiame worked as a consultant to a mining company joint venture co-owned by Och-Ziff Capital Management Group LLC (“Och-Ziff”), a New York-based hedge fund.  Between 2007 and 2012, Mebiame conspired with others to pay bribes to government officials in Chad ... Continue Reading

Deputy Attorney General Sally Yates Delivers Remarks at International Conference on Foreign Corrupt Practices Act

On November 30, 2016, Deputy Attorney General Sally Yates delivered remarks at the International Conference on the Foreign Corrupt Practices Act.  Yates stated that “we cannot forget that behind every bribe and illegal payment is one or more individuals who knew what they were doing was wrong and nonetheless broke the law,” and noted the need to “ensure that whoever is responsible is held accountable.”  Yates added that “the best way to deter individual conduct ... Continue Reading

JPMorgan’s Hong Kong-based Subsidiary Agrees to Pay $72 Million Penalty in Connection with Hiring Scheme Involving Chinese Government Officials

On November 17, 2016, JPMorgan Chase & Co.’s Hong Kong-based subsidiary, JPMorgan Securities (Asia Pacific) Limited (“JPMorgan APAC”), entered into an NPA and agreed to pay a $72 million criminal penalty in connection with a scheme to gain advantages in winning investment deals by giving jobs to the friends and relatives of Chinese government officials.  According to admissions by JPMorgan APAC, Hong Kong-based investment bankers set up a client referral program known as the “Sons ... Continue Reading

Assistant Attorney General Leslie R. Caldwell Delivers Remarks at The George Washington University Law School Regarding Foreign Corrupt Practices Act Enforcement

On November 3, 2016, Assistant Attorney General Leslie R. Caldwell spoke at The George Washington University Law School on the DOJ’s Foreign Corrupt Practices Act enforcement efforts.  Caldwell began by stating that, when she began her term as Assistant Attorney General, three areas of particular importance were “to sharpen the focus of our ongoing fight against international corruption,” “to increase transparency in charging decisions with respect to corporate prosecutions,” and “to encourage and foster meaningful ... Continue Reading

Embraer Agrees to Pay More than $107 Million to Resolve Foreign Corrupt Practices Act Charges

On October 24, 2016, Brazilian aircraft manufacturer Embraer S.A. entered into a three-year deferred prosecution agreement (DPA) to resolve criminal charges relating to bribery of government officials in the Dominican Republic, Saudi Arabia and Mozambique and for falsely recorded payments in India.  As part of the DPA, the company admitted to paying bribes to government officials and falsifying books and records in connection with aircraft sales to foreign governments and state-owned entities.  The DPA requires ... Continue Reading

Och-Ziff Capital Management Admits to Role in Africa Bribery Conspiracies and Agrees to Pay $213 Million Criminal Fine

On September 29, 2016, Och-Ziff Capital Management (“Och-Ziff”) and its wholly-owned subsidiary, OZ Africa Management GP LLC, agreed to pay a $213 million criminal penalty and enter into criminal resolutions with DOJ, and agreed to pay $199 million in disgorgement to the SEC, to resolve charges related to bribery of officials in Libya and the Democratic Republic of Congo.  Between 2008 and 2011, Och-Ziff employees worked with a businessman in the Democratic Republic of Congo ... Continue Reading

Principal Deputy Assistant Attorney General David Bitkower Delivers Remarks at American Bar Association Southeastern White Collar Crime Institute

On September 8, 2016, Principal Deputy Assistant Attorney General David Bitkower addressed the American Bar Association Southeastern White Collar Crime Institute to speak about the role of the DOJ Criminal Division, and specifically highlight the Criminal Division’s new approaches with respect to health care fraud, sophisticated financial fraud and FCPA matters.  Starting with health care fraud, Bitkower discussed the Medicare Fraud Strike Force, which operates in nine regions identified as “hot spots” for health care ... Continue Reading

LATAM Airlines Group Resolves FCPA Investigation and Agrees to Pay $12.75 Million Criminal Penalty

On July 25, Assistant Attorney General Leslie R. Caldwell announced that LATAM Airlines Group, a Chilean commercial airline company, had entered into a deferred prosecution agreement and agreed to pay a $12.75 million penalty to settle alleged FCPA violations arising from payments made by Argentine government officials.  In the three-year DPA, LATAM admitted that executives at LAN Airlines, LATAM’s predecessor-in-interest, had executed a fictitious $1.15 million consulting agreement with an advisor to the Secretary of ... Continue Reading

Two Former Executives of Louis Berger International Sentenced in Foreign Bribery Scheme

On July 8, two former executives of Louis Berger International (LBI), a New Jersey-based construction management company, were sentenced in connection with a long-running scheme to secure construction management contracts by bribing government officials in India, Indonesia, Vietnam, and Kuwait.  Richard Hirsch – who previously served as the senior vice president responsible for the company’s operations in Indonesia, Thailand, the Philippines, and Vietnam – was sentenced to two years’ probation.  James McClung, who previously served ... Continue Reading

Analogic Subsidiary Agrees to Pay More than $14 Million to Resolve Foreign Bribery Charges

On June 21, BK Medical ApS, a subsidiary of Massachusetts technology company Analogic Corporation, entered into a non-prosecution agreement with DOJ to pay more than $14 million, including a $3.4 million penalty to DOJ and more than $11 million in disgorgement and prejudgment interest to settle with the SEC.  The payments resolve the government’s investigation into BK Medical’s scheme with its Russian distributor to make improper payments to third parties using fictitious invoices and falsely ... Continue Reading

DOJ Closes Smith & Wesson FCPA Investigation

On June 19, gun maker Smith & Wesson Holding Corp. announced that the DOJ had ended a foreign bribery investigation into the company and that it is close to settling a related inquiry by the SEC.  In an SEC filing, Smith & Wesson stated that the DOJ declined to pursue FCPA charges against the company, whose former vice president of sales was one of 22 individuals from the law enforcement and military equipment industries ... Continue Reading

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