Permits / Licenses / Customs / Tax Archives

Monkey Business: Charles River Laboratories International Also Under Scrutiny Concerning Importation Of Non-Human Primates From Asia

By Mike Koehler on August 17, 2023 in Charles River Laboratories International, Permits / Licenses / Customs / Tax

This post earlier this week highlighted how 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”) is under Foreign Corrupt Practices Act scrutiny concerning its importation of non-human primates from Asia.

Charles River Laboratories International Inc. is 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.”

Importation Of Non-Human Primates From Asia Draws FCPA Scrutiny

By Mike Koehler on August 15, 2023 in Inotiv, Permits / Licenses / Customs / Tax

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.”

Berko Arrested On Recently Unsealed Criminal Charges Alleging The Same Core Conduct As The SEC’s Previously Resolved Enforcement Action

By Mike Koehler on November 11, 2022 in 2022 Enforcement Action, Asante Berko, DOJ Enforcement Action, Financial Services Industry, Ghana, Goldman Sachs, Individual Enforcement Action, Obtain or Retain Business, Permits / Licenses / Customs / Tax

As highlighted in this prior post, in early 2020, the SEC announced the filing of a civil complaint charging Asante Berko (pictured – a former Executive Director of Goldman Sachs International) with Foreign Corrupt Practices Act violations and other charges for “orchestrating a bribery scheme to help a client [a Turkish energy company] win a government contract to build and operate an electrical power plant” in Ghana.

Berko publicly denied the SEC’s allegations and the SEC sought court approval to serve the summons and complaint via e-mail and through his U.S. counsel. Ultimately settlement negotiations commenced and in mid-2021 Berko agreed to resolve the matter. Without admitting or denying the SEC’s allegations, Berko agreed to pay $329,163.92 (disgorgement of $275,000 along with prejudgment interest of $54,163.92). The final judgment also permanently restrained and enjoined Berko from violating, directly or indirectly, the FCPA’s anti-bribery provisions.

Those who follow the FCPA, myself included, likely thought that was the end of the matter. Perhaps Berko himself thought that.

Glencore Resolves An Approximately $443 Million Net FCPA Enforcement Action

By Mike Koehler on May 25, 2022 in 2022 Enforcement Action, Brazil, Cameroon, Congo, DOJ Enforcement Action, Equatorial Guinea, Foreign Non-Issuer Company, Glencore, Ivory Coast, Monitor, Nigeria, Oil and Gas Industry, Permits / Licenses / Customs / Tax, Third Parties, Venezuela

In mid-2018 Glencore (a commodities company incorporated in the United Kingdom and headquartered in Switzerland disclosed that it was under scrutiny by the DOJ. (See here for the prior post).

Specifically, the company disclosed:

“Glencore Ltd, a subsidiary of Glencore plc, has received a subpoena dated 2 July, 2018 from the US Department of Justice to produce documents and other records with respect to compliance with the Foreign Corrupt Practices Act and United States money laundering statutes. The requested documents relate to the Glencore Group’s business in Nigeria, the Democratic Republic of Congo and Venezuela from 2007 to present. Glencore is reviewing the subpoena and will provide further information in due course as appropriate.”

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

By Mike Koehler 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

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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Monkey Business: Charles River Laboratories International Also Under Scrutiny Concerning Importation Of Non-Human Primates From Asia

Importation Of Non-Human Primates From Asia Draws FCPA Scrutiny

Berko Arrested On Recently Unsealed Criminal Charges Alleging The Same Core Conduct As The SEC’s Previously Resolved Enforcement Action

Glencore Resolves An Approximately $443 Million Net FCPA Enforcement Action

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

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