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Enforcement Action

Jaclyn Jaeger is an Editor at Compliance Week. She writes on a wide variety of topics, including ethics and compliance, regulatory enforcement matters, risk management, technology, and more. Jaeger welcomes questions and comments from readers; she can be reached via e-mail at jaclyn.jaeger@complianceweek.com.
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Enforcement Action Blog
Why SEC and Justice Department Enforce FCPA Differently
Bruce Carton | July 18, 2014
Over at the FCPA Professor blog, which celebrated its 5th birthday this week, Professor Mike Koehler offers an important reminder to those who would compare the SEC’s enforcement action in the FCPA area to that of the Department of Justice. Details inside.
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Enforcement Action Blog
SEC Subpoenas Biomet for Potential FCPA Violations
Jaclyn Jaeger | July 7, 2014
BioMet said in a filing with the Securities and Exchange Commission last week that the SEC issued the medical device maker a subpoena requiring that the company produce certain documents relating to possible violations of the Foreign Corrupt Practices Act regarding its operations in Brazil and Mexico. More details inside.
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Enforcement Action Blog
SEC Takes Aim at Smith & Wesson Over FCPA Charges
Joe Mont | July 28, 2014
The Securities and Exchange Commission has charged Smith & Wesson, a Massachusetts-based firearms manufacturer, with violating the Foreign Corrupt Practices Act. It alleges that employees and representatives of the U.S.-based parent company authorized and made improper payments to foreign officials while trying to win contracts to supply firearm products to military and law enforcement overseas. More inside.
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Enforcement Action Blog
Cubist Discloses FCPA Probe
Jaclyn Jaeger | August 13, 2014
Cubist Pharmaceuticals disclosed this week in a regulatory filing with the Securities and Exchange Commission that it is under investigation by the SEC and Department of Justice for potential violations of the Foreign Corrupt Practices Act concerning a potentially improper payment to a research laboratory and an attempted share grant by Optimer Pharmaceuticals, a biopharmaceutical company that Cubist acquired last year. Details inside.
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Enforcement Action Blog
Layne Christensen Dodges FCPA Charges
Jaclyn Jaeger | August 18, 2014
Layne Christensen announced last week that the Department of Justice has decided not to file any charges against the company in connection with a previously disclosed investigation into potential violations of the Foreign Corrupt Practices Act. The investigation concerned certain payments made in September 2010 to agents and other third parties interacting with government officials in Africa. Details inside.
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Enforcement Action Blog
Voluntary Disclosure Helps Tech Firm Beat FCPA Charges
Jaclyn Jaeger | September 10, 2014
Sept. 10—Technology company Image Sensing Systems disclosed in a statement this week that the Department of Justice and the Securities and Exchange Commission opted not to bring an enforcement action against it for violating the Foreign Corrupt Practices Act, citing the company’s voluntary disclosure, thorough investigation, cooperation, and voluntary enhancements to its compliance program. “We understand that those efforts have been recognized and that the resolution of the investigation reflects this cooperation,” company Chief Executive Kris Tufto said. Details inside.
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Enforcement Action Blog
H-P FCPA Costs Surpass $108 Million
Jaclyn Jaeger | September 15, 2014
Hewlett-Packard Russia pleaded guilty last week and agreed to pay a $58.7 million fine to the Department of Justice for violations of the Foreign Corrupt Practices Act, bringing the total amount of U.S. criminal and civil penalties against H-P and its subsidiaries to more than $108 million. The settlement resolves charges that H-P's subsidiaries in Russia, Poland, and Mexico made improper payments to government officials in these countries to win lucrative public contracts. Details inside.
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Enforcement Action Blog
General Cable Launches FCPA Probe in Four Countries
Jaclyn Jaeger | September 24, 2014
General Cable disclosed this week in a regulatory filing with the Securities and Exchange Commission that it has launched an internal investigation into potential violations of the Foreign Corrupt Practices Act concerning potential improper payments made in Angola, Portugal, Thailand, and India. Details inside.
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Enforcement Action Blog
BHP Billiton Nears End of FCPA Probe
Jaclyn Jaeger | September 25, 2014
Global resources company BHP Billiton disclosed in an annual report this week that it’s discussing a possible resolution with the Securities and Exchange Commission to resolve an investigation of potential violations of the Foreign Corrupt Practices Act in connection with the company’s sponsorship of the 2008 Beijing Olympics. Details inside.
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Enforcement Action Blog
Agilent Technologies Dodges FCPA Charges
Jaclyn Jaeger | October 2, 2014
Agilent Technologies announced this week that the Department of Justice and Securities and Exchange Commission have decided not to file any charges against it in connection with a previously disclosed investigation into potential violations of the Foreign Corrupt Practices Act. The investigation concerned payments made by certain employees of its subsidiaries in China. Details inside.
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Enforcement Action Blog
Bio-Rad Laboratories Will Pay $55M to Settle FCPA Charges
Joe Mont | November 3, 2014
The Securities and Exchange Commission has charged Bio-Rad Laboratories, a life sciences research company, with violating the Foreign Corrupt Practices Act when its subsidiaries made improper payments to foreign officials in Russia, Vietnam, and Thailand to win business. The company, which self-reported the misconduct, agreed to pay $55 million to settle charges. More inside.
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Enforcement Action Blog
DoJ: Foreign Purchase Doesn’t Create New FCPA Violation
Jaclyn Jaeger | November 17, 2014
The Department of Justice has issued a new advisory opinion addressing the unusual situation of how to handle a U.S.-based company that wants to acquire a foreign company found to have paid bribes to government officials prior to the acquisition taking place. In this case, the Justice Department concluded that the U.S.-based company is not in violation of the FCPA. Details inside.
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Enforcement Action Blog
SEC: Sending Saudi Officials on 'World Tour' Was FCPA Violation
Bruce Carton | November 18, 2014
In case there was any ambiguity that companies may not send foreign government officials on a "world tour" in order to secure business, the SEC made that clear yesterday when it sanctioned two former employees of FLIR Systems Inc. for FCPA violations.
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Enforcement Action Blog
Justice Official Details Anti- Corruption Cooperation Efforts
Jaclyn Jaeger | November 25, 2014
Caldwell
U.S. regulators increasingly are collaborating with foreign governments to fight bribery and corruption on a global scale, advancing the Justice Department’s efforts to uncover and prosecute violations of the Foreign Corrupt Practices Act. “Every day, more countries join in the battle against transnational bribery,” said Leslie Caldwell, assistant attorney general for the Justice Department’s Criminal Division, during a recent speech. More of her comments inside.
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Enforcement Action Blog
Total to Face New Corruption Charges in France
Jaclyn Jaeger | November 26, 2014
One year after paying more than $398 million to U.S. prosecutors for violations of the Foreign Corrupt Practices Act, Total S.A. is expected to face new corruption charges, this time in France. In announcing the settlement last year, Acting Assistant Attorney General for the Justice Department’s Criminal Division Mythili Raman said the Total case marks the “first coordinated action by French and U.S. law enforcement in a major foreign bribery case.” Details inside.
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Enforcement Action Blog
Dallas Airmotive Pays $14 Million for FCPA Violations
Jaclyn Jaeger | December 11, 2014
Dallas Airmotive, a provider of aircraft engine maintenance, repair and overhaul services, has reached a $14 million settlement with the Department of Justice to resolve criminal charges over violations of the Foreign Corrupt Practices Act. The settlement resolves charges that Dallas Airmotive bribed government officials in Latin America in order to secure lucrative government contracts. Details inside.
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Enforcement Action Blog
Analogic Nears End of FCPA Investigation
Jaclyn Jaeger | December 12, 2014
Analogic, an airport security and medical-imaging technology provider, has disclosed that it’s likely to face sanctions by the Department of Justice and SEC for violations of the Foreign Corrupt Practices Act. The potential sanctions concern certain questionable transactions involving Analogic’s Danish subsidiary BK Medical and certain of its foreign distributors. Details inside.
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Enforcement Action Blog
Avon Pays $135 Million To Resolve FCPA Charges
Joe Mont | December 17, 2014
The SEC has charged Avon with Foreign Corrupt Practices Act violations by failing to prevent payments and gifts to Chinese government officials from employees at a subsidiary, resulting in a $135 million penalty. “Avon missed an opportunity to correct potential FCPA problems at its subsidiary, resulting in years of additional misconduct,” SEC Division of Enforcement Associate Director Scott Friestad said.
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Enforcement Action Blog
Bruker to Pay $2.4 Million for FCPA Violations
Jaclyn Jaeger | December 22, 2014
Scientific instruments manufacturer Bruker will pay a $2.4 million penalty to the Securities and Exchange Commission to resolve charges of violating the Foreign Corrupt Practices Act by providing non-business related travel and improper payments to various Chinese government officials in an effort to win business. Details inside.
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Enforcement Action Blog
Alstom to Pay Record $772 Million for FCPA Violations
Jaclyn Jaeger | December 22, 2014
French power and transportation giant Alstom SA agreed Monday to pay $772 million to settle criminal violations of the Foreign Corrupt Practices Act, setting a record for largest FCPA settlement ever. Deputy Attorney General James Cole called Alstom’s misconduct "astounding in its breadth, its brazenness and its worldwide consequences," involving bribes to government officials around the world. Alstom’s U.S. subsidiaries will work under deferred-prosecution agreements.
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Enforcement Action Blog
A Recap of FCPA Enforcement in 2014
Jaclyn Jaeger | January 14, 2015
Foreign Corrupt Practices Act enforcement actions brought by the Justice Department and the Securities Exchange Commission in 2014 held steady in comparison to the previous year's enforcement numbers, while the average price tag in penalty amounts continued to skyrocket. In 2014, the average total value of monetary resolutions in FCPA enforcement actions reached $156.6 million, in comparison to $80 million in 2013. Details inside.
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Enforcement Action Blog
Nortek Launches FCPA Probe
Jaclyn Jaeger | January 19, 2015
Nortek disclosed last week in a regulatory filing with the Securities and Exchange Commission that it has launched an internal investigation into potential violations of the Foreign Corrupt Practices Act concerning potential improper payments made by its Chinese manufacturing unit. Details inside.
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Enforcement Action Blog
Engineering Firm Nicked $3.4M on FCPA
Jaclyn Jaeger | January 22, 2015
Engineering and construction firm PBSJ has agreed to pay $3.4 million in financial remedies to the SEC for violations of the Foreign Corrupt Practices Act by offering and authorizing bribes and employment to foreign officials to secure Qatari government contracts. Details inside.
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Enforcement Action Blog
SEC Eyeing BNY Mellon on Anti-Bribery
Jaclyn Jaeger | January 26, 2015
BNY Mellon disclosed in a Form 8-K filing with the SEC last week that certain of its current and former employees have received Wells notices for potential violations of the Foreign Corrupt Practices Act. BNY Mellon said it received a similar Wells notice in the fourth quarter of 2014. Details inside.
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Enforcement Action Blog
Cobalt: SEC Drops Foreign Bribery Probe
Jaclyn Jaeger | January 30, 2015
Cobalt International Energy announced yesterday that it has received a termination letter from the Securities and Exchange Commission, stating that the agency does not intend to recommend any enforcement action after looking into potential violations of federal securities laws related to Cobalt's operations in Angola. “This formally concludes the SEC’s investigation,” the company stated. Details inside.
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