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Scrutiny Alerts And Updates

This post highlights scrutiny alerts and updates regarding Pfizer and Johnson & Johnson – companies that have previously resolved Foreign Corrupt Practices Act enforcement actions.

Pfizer

In 2012, Pfizer (and Wyeth – an entity Pfizer acquired in 2009) resolved FCPA enforcement actions totaling approximately $60 million. (See here [1]).

Pfizer previously disclosed additional FCPA scrutiny in Russia as the company stated: “In June 2019, we received an informal request from the U.S. Department of Justice’s FCPA Unit seeking documents relating to our operations in Russia. In September 2019, we received a similar request from the SEC’s FCPA unit. We are producing records pursuant to these requests.”

Pfizer recently added China as an additional country of scrutiny as the company disclosed:

“In June 2020, we received an informal request from the U.S. Department of Justice’s FCPA Unit seeking documents relating to our operations in China. We will be producing records pursuant to this request.”

Johnson & Johnson

As highlighted here [2], in 2011 Johnson & Johnson agreed to pay approximately $70 million to resolve parallel DOJ and SEC FCPA enforcement actions focused on business conduct in Greece, Poland, and Romania. The enforcement actions also resolved an investigation of Johnson & Johnson subsidiary companies in the United Nations Oil for Food Program in Iraq.

The company recently disclosed [3]:

“In July 2018 the Public Prosecution Service in Rio de Janeiro and representatives from the Brazilian antitrust authority CADE inspected the offices of more than 30 companies including Johnson & Johnson do Brasil Indústria e Comércio de Produtos para Saúde Ltda. The authorities appear to be investigating allegations of possible anti-competitive behavior and possible improper payments in the medical device industry. We continue to actively respond to inquiries regarding the Foreign Corrupt Practices Act from the United States Department of Justice and the United States Securities and Exchange Commission.”

[4]