China Archives - FCPA Professor

Commission Payments To Chinese Lab Personnel And Doctors Leads To Enforcement Action

By Mike Koehler on March 31, 2020 in 2005 Enforcement Actions, China, Diagnostic Products Corp, DOJ Enforcement Action, Healthcare Products, Healthcare Providers As Foreign Officials, SEC Enforcement Action

[This post is part of a periodic series regarding “old” FCPA enforcement actions]

In 2005, the DOJ and SEC brought a coordinated enforcement action against Diagnostic Products Corp. (DPC – a California-based company which provided immunodiagnostic systems and immunochemistry kits) and its wholly-owned subsidiary DPC (Tianjin) Co. Ltd. (See here and here).

The conduct at issue focused on DPC Tianjin making cash commission payments to laboratory personnel and doctors employed by hospitals owned by the Chinese government to obtain and retain certain business involving the sale of immunodiagnostic systems, immunochemistry kits, and other medical equipment.

The overall settlement amount was approximately $4.8 million (a $2 million criminal fine and approximately $2.8 million in disgorgement and prejudgment interest paid to the SEC).

Friday Roundup

By Mike Koehler on February 28, 2020 in China, Congressional Activity, Financial Services Industry, Herbalife, Lawrence Hoskins

Oops, scrutiny alert, and does Senator Rubio understand the FCPA? It’s all here in the Friday roundup.

Oops

It’s probably not a good idea for Department of Justice officials to boast about Foreign Corrupt Practices Act trial court verdicts when post-trial motions are pending.

Here is what Assistant Attorney General Benczkowski said about the Hoskins FCPA case on December 4, 2019.

A Look At The French Enforcement Action Against Airbus

By Mike Koehler on February 18, 2020 in Airbus, Charitable Contributions, China, Colombia, Doing Business With “Foreign Officials”, Due Diligence, France, Gaining Access to Confidential Documents, Nepal, Russia, Saudi Arabia, South Korea, Third Parties

Previous posts here and here looked at the U.S. Foreign Corrupt Practices Act enforcement action against Airbus.

This previous post looked at the U.K. Bribery Act enforcement action against Airbus.

This post completes the enforcement trilogy, bylooking at the French enforcement action against Airbus.

Like the prior U.S. and U.K. bribery enforcement action, the French enforcement action against Airbus (see here for the Judicial Public Interest Agreement) focused on the use of business partners in connection with sales or attempted sales in various countries.

Even Though The Jurisdictional Basis For The Action Was “Limited,” Airbus Resolves $294 Million FCPA Enforcement Action In Connection With Broader Global Enforcement Action

By Mike Koehler on February 3, 2020 in 2020 Enforcement Action, Airbus, Aviation Industry, China, Foreign Non-Issuer Company, Third Parties, Travel and Entertainment

The DOJ recently announced that Airbus (a France-based global provider of civilian and military aircraft) agreed to pay $3.9 billion to resolve foreign bribery, as well as Arms Export Control Act and International Traffic in Arms Regulations, enforcement actions in the U.S., France, and the United Kingdom.

As the DOJ acknowledged, Airbus “is neither a U.S. issuer nor a domestic concern, and the territorial jurisdiction over the corrupt conduct is limited.” As the DOJ further acknowledged, both France and the United Kingdom have a “significantly stronger” jurisdictional basis for resolving related matters.

Nevertheless, a portion of the global settlement amount includes a $294 million Foreign Corrupt Practices Act enforcement action. This post summarizes the enforcement action in which the DOJ charged Airbus in this information with conspiracy to violate the FCPA’s anti-bribery provisions and conspiracy to violate the Arms Export Control Act and the International Traffic in Arms Regulations.

Swedish Company Bribes Foreign Officials, U.S. Collects $1.06 Billion In Record-Setting FCPA Enforcement Action

By Mike Koehler on December 9, 2019 in 2019 Enforcement Actions, China, Djibouti, DOJ Enforcement Action, Ericsson, Foreign Issuers, Gaining Access to Confidential Documents, Indonesia, SEC Enforcement Action, Telecommunications Industry, Third Parties, Travel and Entertainment, Vietnam

Late last Friday, the DOJ and SEC announced (here and here) a record-setting Foreign Corrupt Practices Act action Swedish telecom company Ericsson (a company with American Depositary Shares traded in the U.S.). The $1.06 billion settlement amount is the largest net FCPA settlement amount in history surpassing the $850 million FCPA enforcement action against Russian telecom company MTS in March 2019 (see here).

The enforcement action concerned conduct in Djibouti, China, Vietnam, Kuwait, Indonesia, and Saudi Arabia.

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Commission Payments To Chinese Lab Personnel And Doctors Leads To Enforcement Action

Friday Roundup

A Look At The French Enforcement Action Against Airbus

Even Though The Jurisdictional Basis For The Action Was “Limited,” Airbus Resolves $294 Million FCPA Enforcement Action In Connection With Broader Global Enforcement Action

Swedish Company Bribes Foreign Officials, U.S. Collects $1.06 Billion In Record-Setting FCPA Enforcement Action

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