Technological research firm Gartner settled charges that it violated the Foreign Corrupt Practices Act, agreeing to pay over $2.5 million, the SEC said in a May 26 order implementing cease-and-desist proceedings. The company allegedly bribed officials of the South Africa Revenue Service (SARS) to "obtain and retain business from" SARS. The SEC said a manager of Gartner's consulting wing authorized the firm to enter into subcontracts with an unnamed South African information technology consulting firm, adding that the manager either knew or disregarded the possibility that the money paid to the tech firm would be paid to the SARS officials in exchange for contracts. Under the settlement, the company will pay $1.6 million in civil penalties, $675,974 in disgorgement and $180,790 in prejudgment interest.
The U.S. District Court for the Eastern District of New York dismissed a suit from a group of investors that accused Ericsson of misleading them about elements of a Foreign Corrupt Practices Act proceeding. Judge William Kuntz sided with Ericsson, ruling that the investors failed to claim that the company made misstatements since the alleged lies were "immaterial as a matter of law" or not false when made (In Re Telefonaktiebolaget LM Ericsson Securities Litigation, E.D.N.Y. # 22-1167).
DOJ’s Foreign Corrupt Practices Act Unit is investigating U.S. pharmaceutical company Pfizer for its activities in Mexico, the company disclosed in an SEC filing this month. Pfizer said the agency’s FCPA Unit sent an “informal request” in March “seeking documents relating to our operations in Mexico.” The company is “producing records pursuant to this request.” The probe comes after Pfizer in 2012 reached an agreement with DOJ to resolve FCPA violation charges and as the company handles requests from the FPCA unit for activities in China and Russia, according to its SEC filing.
U.S. agencies’ enforcement of the Foreign Corrupt Practices Act is off to a “slow start” this year, although announcements could “accelerate through the year,” Miller & Chevalier said in its spring 2023 review of FCPA developments. The firm noted that companies are “continuing to evaluate questions” arising from recent DOJ policy changes affecting FCPA compliance, including when to disclose violations, how to manage employees’ use of personal devices and how much cooperation with the agency is required to minimize potential penalties (see 2301190031, 2303030056 and 2304050081). The firm noted DOJ officials have said “further guidance on how these policies will apply in specific facts and circumstances will come from the announcement of future dispositions.”
Cary Yan, former president of a New York-based non-governmental organization, was sentenced to three years and six months in prison for paying bribes to Marshall Islands officials in violation of the Foreign Corrupt Practices Act, DOJ announced. Yan conspired with his assistant, Gina Zhou, as part of a bribery scheme to pass legislation that would benefit Yan's business interests. Zhou was sentenced in February to two years and seven months in prison.
Caitrin McKiernan, former attorney with Shearman & Sterling, joined Steptoe & Johnson's Hong Kong and New York offices as a partner in its Investigations and White-Collar Defense Practice. McKiernan's practice will center on "multijurisdictional compliance reviews and internal investigations, crafting compliance policies, providing proactive compliance counseling, and leading interactive compliance training," the firm said. McKiernan also will aid companies seeking to comply with the Foreign Corrupt Practices Act, economic sanctions and export controls, the firm said.
Amsterdam-based multinational conglomerate Koninklijke Philips will pay more than $62 million to settle charges it violated the Foreign Corrupt Practices Act related to its sales of medical diagnostic equipment in China, the SEC announced. Without admitting guilt, Philips agreed to pay $15 million in civil penalties and over $47 million in disgorgement and prejudgment interest.
The U.S. District Court for the Southern District of New York should toss the U.S. claim that FTX crypto-exchange founder Sam Bankman-Fried violated the Foreign Corrupt Practices Act's anti-bribery provision since the government failed to allege an essential element of the FCPA, Bankman-Fried said in a motion to dismiss. The U.S. said payments were made to unfreeze assets belonging to cryptocurrency firm Alameda Research but didn't say payments were made to "secure or retain a contract with a foreign government agency, gain an unfair advantage, or achieve an objective of the sort addressed in the FCPA’s text or legislative history or in relevant caselaw" (U.S. v. Samuel Bankman-Fried, S.D.N.Y. # 22-00673).
A U.S.-based multinational medical device company said it may have violated the Foreign Corrupt Practices Act. In a May 2 SEC filing, Stryker said it has hired outside counsel to investigate whether “certain business activities in a foreign country violated provisions” of the FCPA, adding that both the SEC and DOJ have contacted it. The company said it’s cooperating with both agencies. “At this time we are unable to predict the outcome of the investigation or the potential impact, if any, on our financial statements,” Stryker said.
Holland & Knight added 17 attorneys -- seven partners, two senior counsel and eight associates -- from Mexican law firm Sanchez DeVanny to its Mexico City and Monterrey offices. The new lawyers primarily focus on international trade and corporate law issues, including the Foreign Corrupt Practices Act, Holland & Knight said.