Enforcement Action

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.