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Stericyle Resolves A Net $59 Million FCPA Enforcement Action

By on April 21, 2022 in 2022 Enforcement Action, Argentina, Brazil, DOJ Enforcement Action, Foreign Official, Foreign Officials, Healthcare Companies, Healthcare Providers As Foreign Officials, Merger Issues, Mexico, SEC Enforcement Action, Stericycle, Third Parties, Uncategorized
stericle

Stericycle (an Illinois based medical waste disposal company) has been under FCPA scrutiny since mid-2017 (See here).

As highlighted here, approximately two months ago the company disclosed that it had “reached agreements in principle with the DOJ and SEC.” Specifically, Stericycle disclosed:

Yesterday, the DOJ and SEC announced (here and here) a parallel FCPA enforcement action against Stericycle.

The DOJ enforcement action involved this criminal information charging Stericycle with  two counts of conspiracy to violate (1) the FCPA’s anti-bribery provisions, and (2) the FCPA’s books and records provision. The criminal charges were resolved via this deferred prosecution agreement pursuant to which Stericycle agreed to pay a net $35 million criminal penalty.

The SEC enforcement action involved this administrative order finding that Stericycle violated the FCPA’s anti-bribery, books and records, and internal controls provisions pursuant to which the company agreed to pay a net approximate $24 million in disgorgement and prejudgment interest.

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Bad Advertising – Ad Group WPP Resolves $19.2 Million FCPA Enforcement Action

By on September 27, 2021 in 2021 Enforcement Actions, Advertising Industry, Brazil, China, Foreign Issuers, India, Merger Issues, Permits / Licenses / Customs / Tax, Peru, Political Contributions, SEC Enforcement Action, Tax Payments, Third Parties, WPP
WPP

Last Friday, the SEC announced that London-based WPP (the world’s largest advertising agency and a company with depositary shares traded on the New York Stock Exchange) agreed to resolve a $19.2 million Foreign Corrupt Practices Act enforcement action.

The enforcement action focused on WPP subsidiary conduct in India, China, Brazil and Peru.

In summary fashion, the SEC’s order finds:

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Potpourri

By on August 12, 2021 in ARIIX, Juniper Networks, Merger Issues, New Age Beverages, Whistleblowers
Potpourri

A bounty and a disclosure.

Bounty

Earlier this week the SEC released this order determining that a whistleblower is to receive approximately $3.5 million. According to the order: “Claimant alerted Commission staff of alleged securities laws violations, prompting Enforcement staff to expand an existing investigation into an additional geographic area. Claimant, a foreign national, also provided significant assistance to Commission staff by traveling to meet in person with staff, identifying an important witness, and providing multiple supplemental submissions that assisted the Commission in bringing the charges in the Covered Action.”

Pursuant to relevant law, the SEC protects the confidentiality of whistleblowers and does not disclose any information that could reveal a whistleblower’s identity. However, attorneys Andy Rickman and Christopher Connors confirmed that they represented the individual and that the award related to the Juniper FCPA enforcement action.

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Japanese Ministry of Economy, Trade and Industry Updates Guidance to Prevent Foreign Bribery

By on July 12, 2021 in Compliance, Facilitating Payments, Guest Posts, Japan, Merger Issues, Third Parties
METI

A guest post from Tokyo-based Latham & Watkins attorneys Kaede Toh and Junyeon Park.

In May 2021, the Ministry of Economy, Trade and Industry (METI) revised the Guidelines for the Prevention of Bribery of Foreign Public Officials (Guidelines). Although the Guidelines do not impose legal obligations on companies, METI expects each company to create and implement an appropriate compliance system with reference to the Guidelines. The revised Guidelines include detailed guidance on due diligence prior to executing an acquisition or retaining a third-party agent — largely consistent with US government expectations under the US Foreign Corrupt Practices Act (FCPA) — and urge Japanese companies and global companies with business operations in Japan to prohibit small facilitation payments. Companies that have business operations in Japan should understand and incorporate the most recent changes to the Guidelines into their local company compliance system to the extent appropriate.

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Amec Foster Wheeler / John Wood Group Enforcement Actions – What Actually Was Accomplished?

By on July 7, 2021 in Amec Foster Wheeler, John Wood Group, Merger Issues, Statute of Limitations, Victims
question marks2

Previous posts here, here, here and here highlighted various aspects of the recent U.S. and U.K. enforcement actions against Amec Foster Wheeler / John Wood Group.

The enforcement actions included: (i) a net $17.7 million FCPA enforcement action concerning conduct in Brazil; (ii) a net $142 million U.K. enforcement action concerning conduct in Brazil, Nigeria, Saudi Arabia, Malaysia, and India; and (iii) a net approximately $17 million Brazil enforcement action concerning conduct in Brazil.

That is a lot of money going into government coffers, but the question needs to be asked: what actually was accomplished through these enforcement actions?

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