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.
Scrutiny Alert
Calavo Growers, Inc. is “a global leader in quality produce, including avocados, tomatoes and papayas, and a pioneer of healthy fresh-cut fruit, vegetables and prepared foods.”
The company recently disclosed that it will file a Form 12b-25 (Notification of Late Filing) with the SEC with regard to its Annual Report for the fiscal year ended October 31, 2023.
As stated by the company:
Potpourri
An FCPA trial and not an FCPA trial.
An FCPA Trial
In the FCPA’s 45 years, there have been only 21 trials (based on my research).
The FCPA’s 22nd trial began this week in a courtroom in the Eastern District of New York.
The case is U.S. v. Javier Aguilar. (See here for the prior post detailing the charges).
As described in this article:
Thank You For Reading FCPA Professor In 2023
This is the 295th and final post of 2023.
If FCPA Professor added value to your practice or business or otherwise enlightened your day in 2023 and caused you to contemplate the issues in a more sophisticated way, there is an ability to support this free public website. (See here).
I look forward to your readership in 2024.
A Christmas Classic
A Christmas classic from James McGrath, a valued colleague in the FCPA space with a candid wit, who passed away in 2014. The below post originally appeared on McGrath’s Internal Investigations Blog on December 24, 2012.
The allegations being investigated surround gifts being given by individual businessmen to the family of an Israeli government official a number of years ago. These businessmen – a Mr. Balthasar, a Mr. Gaspar, and a Mr. Melchior – supposedly provided a family in the royal line of King David with significant gifts, including gold, frankincense, and myrrh, in return for favorable consideration of an as-yet undetermined project in the Middle East.
The three men are believed to be third-party intermediaries for a multitude of Christian church organizations within the United States, and any jurisdictional nexus would seem to be predicated upon such a fact, if verified.