Checking In On Monkey Business
In mid-2023 some unique instances of FCPA scrutiny arose.
As highlighted in this prior post, Inotiv Inc. (an Indiana based “contract research organization (“CRO”) dedicated to providing nonclinical and analytical drug discovery and development services to the pharmaceutical and medical device industries and selling a range of research-quality animals and diets to the same industries as well as academia and government clients”) disclosed Foreign Corrupt Practices Act scrutiny concerning its importation of non-human primates from Asia.
Shortly thereafter, Charles River Laboratories International Inc. (a Massachusetts based company that “provides essential products and services to help pharmaceutical and biotechnology companies, government agencies and leading academic institutions around the globe accelerate their research and drug development efforts”) made a disclosure that did not specifically mention the FCPA (as did Inotiv) but disclosed investigations by the DOJ, SEC and others regarding shipments of non-human primates from Asia.
Scrutiny Alerts And Updates
This post highlights a scrutiny alert regarding previous FCPA violator SQM and scrutiny updates regarding Calavo Growers (is it “boiling the ocean?) and the two instances of “monkey business” FCPA scrutiny involving Inotiv and Charles River.
SQM
As highlighted in this prior post, in 2017 Sociedad Quimica y Minera de Chile S.A. (SQM) (a chemical and mining company based in Chile with American Depository Shares listed on the New York Stock Exchange) resolved a $30.5 million FCPA enforcement action (DOJ and SEC) in relation to alleged conduct with Chilean officials.
SQM recently disclosed:
Importation Of Non-Human Primates From Asia Draws FCPA Scrutiny
Foreign Corrupt Practices Act scrutiny can arise in a wide variety of scenarios.
Given how the DOJ and SEC interpret the FCPA, any point of contact a company (through its employees, agents, etc) have with a foreign official may give rise to FCPA scrutiny.
This post discusses an unusual instance of FCPA scrutiny concerning the importation of non-human primates from Asia.
Inotiv Inc. is an Indiana based “contract research organization (“CRO”) dedicated to providing nonclinical and analytical drug discovery and development services to the pharmaceutical and medical device industries and selling a range of research-quality animals and diets to the same industries as well as academia and government clients.”