Articles Posted in foreign corrupt practices act

 

Ericsson, the Swedish multinational networking and telecommunications company has reserved $1.23 billion to cover fines associated with foreign bribes made by the company in China, Djibouti, Indonesia, Kuwait, Saudi Arabia and Vietnam, based on an investigation. Ericson has a 35% share in the 2-5G mobile market network and is the major competitor to Huaweri, the Chinese telecom company. The $1.23 billion reserve provision covers $1 billion in estimated combined penalties from forthcoming settlements with the Justice Department and SEC. The remainder accounts for costs related to other investigation. Ericsson Chief Legal Officer Xavier Dedullen said the company had so far disciplined 65 employees in relation to the FCPA violations, 49 of whom were no longer with the company.  Ericsson’s settlements could include the imposition of an independent monitor to oversee the company’s compliance reforms.

If you are aware of any foreign bribes by companies traded on the US stock exchanges, you may be able to become a whistleblower under the False Claims Act (FCA) and recover up to 30% of what the Government recovers in any investigation of such bribes. US laws prevent making bribes to foreign officials or their families in order to get business in other countries. Jeffrey Newman represents whistleblowers. His email is  Jeffrey.Newman1@gmail.com

 

 

 

 

 

 

 

 

Microsoft’s subsidiary inHungary,  has agreed to pay a criminal penalty of more than $8.7 million to resolve the government’s investigation into violations of the Foreign Corrupt Practices Act (FCPA) arising out of a bid rigging and bribery scheme in connection with the sale of Microsoft software licenses to Hungarian government agencies.

According to Microsoft Hungary’s admissions, beginning by at least 2013 and continuing until at least 2015, a senior executive and other employees of Microsoft Hungary participated in a scheme to inflate margins in the Microsoft sales channel in connection with the sale of Microsoft software licenses to Hungarian government agencies.  In furtherance of that scheme, Microsoft Hungary executives and employees falsely represented to Microsoft that steep discounts were necessary to conclude deals with resellers who bid for the opportunity to sell Microsoft licenses to government customers.  In actuality, the savings were not passed on to the government customers, but instead were used for corrupt purposes and were falsely recorded as “discounts” and stored in various tools and databases on Microsoft servers in the United States in violation of the Foreign Corrupt Practices Act. Microsoft Hungary entered into a nonprosecution agreement and agreed to pay a criminal penalty of $8,751,795 to resolve the matter.  The Department reached this resolution based on several factors.  Although Microsoft Hungary did not voluntarily self-disclose the misconduct, Microsoft Hungary received credit for its and Microsoft Corporation’s substantial cooperation with the Department’s investigation and for taking extensive remedial measures.  For example, Microsoft Hungary terminated four licensing partners and Microsoft Corporation has implemented an enhanced system of compliance and internal controls, company-wide, to address and mitigate corruption risks.  Accordingly, the criminal penalty reflects a 25 percent reduction off the bottom of the applicable U.S. Sentencing Guidelines fine range for the company’s full cooperation and remediation.

In a related matter with the Securities and Exchange Commission (SEC), Microsoft Corporation agreed to pay to the SEC disgorgement and prejudgment interest totaling approximately $16,565,151 for conduct in Hungary.

Walmart Inc. (Walmart), a U.S.-based multinational retailer and its wholly owned Brazilian subsidiary, WMT Brasilia S.a.r.l. (WMT Brasilia), will pau pay a criminal penalty of $137 million to resolve the government’s investigation into violations of the Foreign Corrupt Practices Act (FCPA).  WMT Brasilia pleaded guilty today in connection with the resolution.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, Assistant Director Robert Johnson of the FBI’s Criminal Investigative Division and Special Agent in Charge Kelly Jackson of IRS Criminal Investigation’s (IRS-CI) Washington, D.C. office made the announcement.

“Walmart violated the Foreign Corrupt Practices Act because it failed to implement the internal controls necessary to ferret out corrupt conduct,” said U.S. Attorney Terwilliger.  “For more than a decade, Walmart experienced exponential international growth but failed to create safeguards to protect against corruption risks in various countries.  This resolution is the result of several years of steadfast work by the prosecutors and our law enforcement partners at the FBI and IRS-CI.”

 
 
Johnson & Johnson, GE, Siemens, and Philips are being investigated by the FBI for an alleged kickback scheme that could span over two decades. According to a recent report by Reuters, these companies may have been part of a complex scheme designed to secure medical equipment contracts in Brazil through a series of bribes made to government figures.

While additional companies may also be involved, the four major players in this scheme appear to be Johnson & Johnson, GE, Siemens, and Philips, which are United States based companies worth a combined $600 billion. But, why would these companies target Brazil? When it comes to public healthcare programs, Brazil serves well over 200 million individuals, making it a valuable area to secure for related medical contracts. The alleged scandal is estimated to have been taking place for more than two decades, however Brazil’s recent anti-corruption push has lead to a series of investigations related to similar offenses.

According to the report, the companies involved in the kickback scheme strategically bribed government officials of Brazil to help them secure upcoming contracts, mainly in the medical equipment field. In addition to receiving the Brazilian partnerships fraudulently, several of the companies involved even charged the government of Brazil inflated prices for the supplied medical equipment. At times this inflation was eight times greater than the current market price, and the funds were then used to cover the cost of previous and future bribes. The medical equipment involved in these scandals were mainly magnetic resonance imaging machines and prosthetics.

Suisse-bribe-allegations-300x200An investigation under the Foreign Corrupt Practices Act (FCPA) leads Credit Suisse, a business based in Zurich which offers financial services and counsel, to pay $47 million to the Department of Justice (DOJ). The Swiss financial giant was being investigated due to the employment methods of their Hong Kong unit, Credit Suisse Hong Kong Ltd., and paid the $47 million as a penalty to end the FCPA investigation by the DOJ and the SEC.

First disclosed by Credit Suisse in February of 2018, the reason for the investigation was their recruitment practices in Asia between the years of 2007 to 2013. The Securities and Exchange Commission (SEC) along with the DOJ was also involved in this investigation. Credit Suisse stated that the focus was on whether those hired were referred by government agencies or state-owned entities for investment approval. The latter would go against the FCPA which strictly prohibits business assistance as a bribe to foreign officials.

Credit Suisse and the DOJ have now reached a non-prosecution agreement in regards to this investigation with no criminal charges according to a statement from Credit Suisse’s Hong Kong unit posted on the company’s website.

A retired U.S. Army colonel was charged in a complaint unsealed today for his alleged role in a foreign bribery and money laundering scheme in connection with a planned $84 million port development project in Haiti.  Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, Acting U.S. Attorney William D. Weinreb of the District of Massachusetts, Assistant Director Stephen Richardson of the FBI’s Criminal Investigative Division and Special Agent in Charge Harold M. Shaw of the FBI’s Boston Field Office made the announcement.

Joseph Baptiste, 64, of Fulton, Md., was arrested this morning on a criminal complaint filed in the District of Massachusetts.  He was charged with one count of conspiracy to violate the Foreign Corrupt Practices Act and to launder money.

The complaint alleges that Baptiste solicited bribes from undercover agents in Boston who posed as potential investors in infrastructure projects in Haiti, in connection with a proposed project to develop a port in the Moles Saint Nicolas area of Haiti.  According to the complaint, the proposed project was expected to cost approximately $84 million, and was to involve the construction of multiple cement factories, a shipping-vessel recycling station, an international transshipment station with numerous slips for shipping vessels, a power plant, a petroleum depot and tourist facilities.  The complaint alleges that Baptiste told the agents, in a recorded meeting at a Boston-area hotel, that he would funnel the payments to Haitian officials through a non-profit entity that he controlled — which was based in Maryland and purported to help impoverished residents of Haiti — in order to secure government approval of the project.

There has been a significant increase in the number and amount of bribes of foreign officials and their families by American businesses and their subsidiaries to get new business in other countries. Part of the reason may be tied to a decrease in US and Western European military spending so companies are relying on sales to foreign governments and are using bribes as a door opener for that business. However, the Department of Justice has announced that it will vigorously investigate and prosecute cases of foreign bribery to enforce the Foreign Corrupt Practices Act(FCPA).

In 2016, there were fouor major FCPA enforcement actions: Teva Pharmaceutical (Israel) $519 million; Odebrecht (Brazil); Och-ziff (United States) $412 million and VimpelCom (Holland) $397.6 million.

In one case, Three Texans and a Mexican businessman pleaded guilty to paying more than $2 million in bribes to Mexican officials for government-aircraft maintenance contracts. Kamta Ramnarine, 69, of Brownsville, is the former owner and general manager of Hunt Pan Am Aviation Inc., which provides airplane maintenance and fueling services at Brownsville-South Padre International Airport. Daniel Perez, 69, also of Brownsville, owned a stake in Hunt Pan Am Aviation from 1993 to 2010, according to federal charges unsealed Dec. 20 and publicized Tuesday by federal prosecutors.

According to a report by Trace International, over 126 investigations of foreign bribes by US companies have been engaged.The report also noted an increase of U.S. bribery enforcement in the category of manufacturers and service providers. The report also found twice the number of investigations by countries policing their own officials for alleged bribery in 2015 as there were total domestic bribery cases from 1977 to 2015. This reflects a substantial increase in the scrutiny and prosecution of such bribes which makes fair competition impossible.

According to  Trace, there were just four non-U.S. anti-bribery enforcement actions in 2015, down from 15 the year before, while the U.S. carried the lion’s share of enforcement with 16 cases. Trace president Alexandra Wrage says  we know there was a drop in the number of non-U.S. enforcement actions related to foreign bribery, the data also show that roughly the same number of ongoing investigations are being conducted by non-U.S. authorities as are being conducted by the U.S.,

Last year the Department of Justice announced that it was adding  a dozen new prosecutors to [rpsecute foreign bribery. Assistant Attorney General Leslie Caldwell told a conference on the Foreign Corrupt Practices Act that the Justice Department is looking to hire 10 prosecutors to its own FCPA unit. That amounts to a 50 percent increase to its current headcount, Caldwell said, and comes on top of moves earlier this year to attach squads of prosecutors to theFBI‘s international corruption unit.

The U.S. Justice Department has joined a Foreign Corrupt Practices Act investigation of Alexion Pharmaceuticals Inc. the company said in a securities filing. Alexion received a subpoena from the Securities and Exchange Commission in May and a request of voluntary production of documents from the Justice Department this month.

The previously disclosed SEC inquiry is related to the company’s grant-making activities and False Corrupt Practices Act  compliance in various countries, concerning possible bribes of public officials or their agents. The company develops therapies for rare diseases. The nature of possible bribes is not yet known.

 

 

According to the Wall Street Journal, beer maker Anheuser-Bush InBev  exited a joint venture in India that was under scrutiny in the U.S. for potential violations of foreign bribery law.

In a securities filing the company said it ended ties in February with a joint venture in India that is the subject of a U.S. investigation into potential violations of the Foreign Corrupt Practices Act, which bars bribery of foreign officials to get or keep business.  U.S. authorities are investigating AB’s Indian affiliates, including the joint venture, and whether relationships of agents and employees complied with the FCPA.

AB also said that the Securities and Exchange Commission told the firm it was investigating its affiliates in India.