You cannot say the government does not communicate its expectations around Foreign Corrupt Practices Act enforcement. The SEC concluded its investigation around the illegal activity engaged in by former SAP International Vice President of Global and Strategic Accounts, Vicente Garcia, for bribery and corruption in sales to certain government officials in Panama; all in violation of the FCPA. This enforcement action presents some clear signs about where FCPA enforcement will be headed into 2016 and beyond.
In December 2015 Garcia was sentenced to 22 months in prison for bribing officials in Panama to win government contracts. Garcia admitted that he conspired with others, including advisers and consultants to SAP, to pay bribes to two Panamanian government officials, as well as to the agent of a third government official, with the understanding that a portion of the money would be paid to the third official. Garcia used sham contracts and false invoices to disguise the bribes. The money shot in this case was set out in the Justice Dept. press release, which stated “Garcia further admitted that he believed paying such bribes was necessary to secure both the initial contract and additional Panamanian government contracts.”
