Issues To Consider From The RTX Enforcement Action
This prior post went in-depth into the recent RTX (Raytheon) FCPA enforcement action regarding bribery schemes in Qatar.
The net $361.2 FCPA enforcement action involved a net $259.7 million DOJ FCPA enforcement action and a net $101.5 million SEC FCPA enforcement action.
This post highlights additional issues to consider.
Timeline
As RTX previously disclosed:
Four Years Later, Dr. Reddy’s Laboratories Is Still Under Scrutiny
Remember when a high-ranking Department of Justice official declared in 2017 that it was the intent of the DOJ “for our FCPA investigations to be measured in months, not years.” (See here for the prior post).
The statement was laughable when made and remains laughable approximately seven years later because since the statement was made FCPA scrutiny tends to average approximately 4-5 years. (See here).
Several current instances of FCPA scrutiny have dragged on for years including the scrutiny of Dr. Reddy’s Laboratories Ltd., (an India-based pharmaceutical company with ADRs listed on the New York Stock Exchange).
As highlighted in this prior post, in 2020 the company disclosed that it “has commenced a detailed investigation into an anonymous complaint” alleging that “healthcare professionals in Ukraine and potentially in other countries were provided with improper benefits in violation of U.S. laws.”
Issues To Consider From The Trafigura Enforcement Action
This previous post covered the net $100.2 million FCPA enforcement action against Trafigura concerning conduct in Brazil.
This post highlights additional issues to consider.
Timeline
Trafigura was under FCPA scrutiny since at least early 2019 (see here from the prior post).
Thus, from start to finish the company was under scrutiny for approximately 5 years.
Issues To Consider From The Gunvor Enforcement Action
This recent post highlighted the net $474.4 million Foreign Corrupt Practices Act enforcement action against Gunvor (a Swiss-based energy trading company – a subsidiary of Gunvor Group Ltd., a multinational energy commodities trading company registered in Cyprus).
In summary fashion, the DOJ alleged that between 2012 and 2020 Gunvor, through various managers, “knowingly and willfully conspired and agreed with others to corruptly offer and pay bribes to, and for the benefit of, Ecuadorian officials to secure improper advantages in order to obtain and retain business from Petroecuador in connection with the purchase and sale of oil products through contracts between Petroecuador” and state-owned energy trading companies based in Asia.
This post highlights additional issues to consider from the enforcement action.
Issues To Consider From The SAP Enforcement Action
This previous post highlighted the recent FCPA enforcement action against SAP based on conduct in South Africa, Indonesia, Malawi, Kenya, Tanzania, Ghana, and Azerbaijan.
This post highlights additional issues to consider.
Timeline
As highlighted in this previous post, in mid-2017 SAP disclosed that it was under FCPA scrutiny concerning its business practices in South Africa.