As highlighted in this prior post, in 2019 Ericsson (a Swedish telecom company with American Depositary Shares traded in the U.S.) resolved a $1.06 billion FCPA enforcement action concerning conduct in Djibouti, China, Vietnam, Kuwait, Indonesia, and Saudi Arabia.
As part of the resolution, Ericsson was required to engage an independent compliance monitor for a three-year period.
In late 2022, Ericsson announced “that it has agreed with the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) to extend the term of the Company’s Independent Compliance Monitor for one year, to June 2024.” (See here for the prior post).
Separately, as highlighted in this prior post, in 2021 the DOJ suggested that Ericsson was in breach of its DPA obligations and in 2023 the DOJ announced that “Ericsson has agreed to plead guilty and pay a criminal penalty of more than $206 million after breaching a 2019 Deferred Prosecution Agreement (DPA).” (See here for the prior post).
Recently, the company announced:
“[T]he conclusion of the work and term of the independent compliance Monitor appointed by the U.S Department of Justice (DOJ) in June of 2020 in connection with Ericsson’s 2019 Deferred Prosecution Agreement (DPA) to resolve historical violations of the Foreign Corrupt Practices Act (FCPA). The March 2023 Plea Agreement with the DOJ that followed non-criminal breaches of the DPA has also expired as of June 2. The role of the independent compliance Monitor over the past four years has been to comprehensively review, assess, evaluate and test all aspects of the company’s global anti-corruption compliance program and internal controls. On March 28, 2024, the Monitor certified to DOJ that Ericsson’s anti-corruption compliance program has satisfied requirements and is functioning effectively.”
In the release, Börje Ekholm (President and CEO of Ericsson) stated:
“This is an important milestone in our journey to improve our organization. Over the past four years we have implemented important compliance requirements and processes. Our commitment to integrity is rock solid and we have no tolerance for corruption, fraud or other misconduct.”
