I hope this Thanksgiving finds you being thankful for many things in your life.
Among the many things I am thankful for are your readership and I hope FCPA Professor elevates your FCPA knowledge and skills.
May your turkey be golden brown.
The following FCPA enforcement actions have involved, in whole or in part, alleged improper conduct in Turkey.
Yesterday, the SEC announced that Alexion Pharmaceuticals (a company that has been under scrutiny since mid-2015) agreed to approximately $21.5 million to resolve an enforcement action based on the actions of foreign subsidiaries involving the company’s primary drug Soliris.
The conduct at issue focused on Alexion Illac Ticarent Limited Sirketi (Alexion Turkey), Alexion Pharma OOO (Alexion Russia), Alexion Pharma Brazil and Alexion Pharma Colombia SAS (all wholly-owned subsidiaries whose books and records were consolidated into Alexion’s financial statements).
[This post is part of a periodic series regarding “old” FCPA enforcement actions]
In March 2005, the DOJ announced that Micrus (a medical device company based in California) agreed to non-prosecution agreement and to pay a $450,000 criminal penalty to resolve its Foreign Corrupt Practices Act liability. The conduct at issue largely focused on stock option grants provided to physicians at publicly owned and operated hospitals in France, Turkey, Spain, and Germany.
I hope this Thanksgiving finds you enjoying and being thankful for many things in your life.
Among the many things I am thankful for are your readership and I hope FCPA Professor elevates your FCPA knowledge and skills.
May your turkey be golden brown.
The following FCPA enforcement actions have involved, in whole or in part, alleged improper conduct in Turkey.
Microsoft has been under Foreign Corrupt Practices Act scrutiny since early 2013 (see here for the prior post). Yesterday, the DOJ and SEC announced here and here an aggregate $25.3 million enforcement action against the company and a Hungarian subsidiary concerning conduct in Hungary, Saudi Arabia, Thailand and Turkey.
The enforcement action involved a DOJ component involving a non-prosecution agreement involving MS Hungary in which the entity agreed to pay a $8.8 million criminal penalty and an SEC administrative order against Microsoft finding violations of the FCPA’s books and records and internal controls provisions in which the company agreed, without admitting or denying the SEC’s findings, to pay disgorgement and prejudgment interest of approximately $16.5 million.
