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Mexican Government Sues Stryker In Connection With 2013 FCPA Enforcement Action

stryker

As highlighted in this prior post, in 2018 Stryker (a Michigan-based medical device company) became an FCPA repeat offender as the SEC brought a $7.8 million enforcement action against the company for not having internal accounting controls “sufficient to detect the risk of improper payments in sales of Stryker products in India, China, and Kuwait” and because “Stryker’s India subsidiary failed to maintain complete and accurate books and records.”

As highlighted in this prior post, in 2013 Stryker resolved a $13.2 million enforcement action based on alleged conduct in Mexico, Poland, Romania, Argentina, and Greece.

As to the Mexico conduct, the SEC found:

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Friday Roundup

Roundup

Scratch that trial, scrutiny alert, affirmed, follow-up, Braskem-related, and across the pond. It’s all here in the Friday roundup.

Scratch That Trial

One of the FCPA trials scheduled this Fall (see here for the prior post) involved Frank Chatburn. As highlighted here, in April 2018 Frank Roberto Chatburn Ripalda (a dual United States and Ecuadorian citizen) was criminally charged for conspiring with others for making corrupt payments to PetroEcuador officials in order to obtain and retain contracts for Galileo (described as an Ecuadorian company that provided services in the oil and gas industry) from PetroEcuador.

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Cooperating With Another Company’s “Efforts To Comply” With The FCPA Does Not Impose Upon A Company The Contractual Obligation To Comply With The FCPA

Judicial Decision

Foreign Corrupt Practices Act issues pop up, more than people realize I submit, in civil litigation. However, much of this civil litigation flies under the radar and/or may arise in arbitration proceedings meaning there is little transparency of the underlying issues. I have been a expert in several such cases.

These dynamics make this recent Sixth Circuit Court of Appeals decision involving Fiat Chrysler Automobiles International Operations LLC and its former Angolan distributor (Union Commercial Services Limited) all the more interesting.

As highlighted below, in connection with Union’s claim that Chrysler breached an agreement by violating the implied covenant of good faith and fair dealing as well as engaged in tortious interference of business relations, the Court held that a contractual clause requiring Union to cooperate with Chrsyler’s “efforts to comply” with the FCPA did not impose upon Chrylser the contractual obligation to comply with the FCPA.

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Friday Roundup

Roundup

Quotable, sentenced, scrutiny updates, dismissed and for the reading stack. It’s all here in the Friday roundup.

Quotable

In a recent Corporate Crime Reporter interview, former DOJ FCPA prosecutor Ephraim Wernick was asked if FCPA enforcement has changed under the Trump administration and stated:

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Friday Roundup

Roundup

Sentenced, another one dismissed, scrutiny alerts, clawback, and pardon me for being that guy but … It’s all here in the Friday roundup.

Sentenced

As highlighted in prior posts here and here, in January 2017 the DOJ announced a $170 million Foreign Corrupt Practices Act enforcement action against U.K. based Rolls-Royce concerning conduct in Thailand, Brazil, Kazakhstan, Azerbaijan, Angola, Iraq and elsewhere.

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