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Every so often it is interesting to go back into the archives and this post rewinds ten years to early 2011.

Enjoy the trip down FCPA memory lane.

As highlighted here, Tyson Foods, one of the world’s largest processors of chicken and other food items, agreed to resolve a Foreign Corrupt Practices Act enforcement action focused on payments to Mexican veterinarians (and their no-show wives) responsible for certifying product for export. The enforcement action involved both a DOJ and SEC component and the total settlement amount was approximately $5.2 million.

As highlighted here, Maxwell Technologies resolved an approximate $14.4 million DOJ/SEC enforcement action focused on alleged conduct with employees of alleged Chinese state-owned or state-controlled enterprises. Of note, the SEC’s charges include disclosure violations not often seen in FCPA enforcement actions, based on allegations that Maxwell’s bribe payments allowed the company to offset losses and fund product expansions that became a source of revenue for the company.

As highlighted here, Ball Corporation resolved a $300,000 FCPA enforcement action based on the conduct of its Argentine subsidiary which “offered and paid at least ten bribes, totaling at least $106,749, to employees of the Argentine government to secure the importation of prohibited used machinery and the exportation of raw materials at reduced tariffs.”

As highlighted here, IBM became an FCPA repeat offender as it resolved a $10 million enforcement action based on allegations that “employees of certain of [IBM’s] subsidiaries and a majority-owned joint venture provided cash payments, improper gifts, as well as improper travel and entertainment to government officials in South Korea and China.”

As highlighted here, JGC Corp. of Japan joined KBR/Halliburton, Technip, and Snamprogetti in the Bonny Island, Nigeria bribery club as it resolved an approximate $219 million enforcement action.

As highlighted here, Comverse Technology resolved a $2.8 million DOJ/SEC enforcement action based on conduct in Greece. The enforcement action was essentially strict liability as Comverse’s indirect subsidiary engaged an agent who made improper payments even though there was no allegation that Comverse knew about the payments. Rather, the government alleged that the culpable subsidiary’s books, records, and accounts were incorporated into Comverse’s for purposes of financial reporting.

As highlighted here, Johnson & Johnson resolved a $70 million DOJ/SEC enforcement action  focused on business conduct in Greece, Poland, Romania. The enforcement actions also resolved an investigation of Johnson & Johnson subsidiary companies in the United Nations Oil for Food Program in Iraq.

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