Enforcement Action

Digital telecommunications maker Qualcomm this week reached a $7.5 million settlement with the Securities and Exchange Commission to resolve charges that it violated the Foreign Corrupt Practices Act by hiring relatives of Chinese government officials. These officials were in positions to decide whether to select Qualcomm’s mobile technology products amid increasing competition in the international telecommunications market.

Nortek, a maker of home security and thermostat systems, said this week in a securities filing with the Securities and Exchange Commission that it has incurred $2.3 million in legal and other professional services costs relating to potential improper payments made by its Chinese manufacturing unit.

Mondelēz International, the U.S. parent of Mondelez India, recently disclosed in a securities filing that is being investigated by the U.S. Securities Exchange Commission and the Department of Justice for potential violations of the Foreign Corrupt Practices Act related to its operations in India.

Canada-based global life sciences company Nordion last week agreed to pay a $375,000 civil penalty to the Securities and Exchange Commission for violating the books and records and internal accounting controls provisions of the Foreign Corrupt Practices Act. The case offers numerous lessons for compliance officers responsible for accurate books and records and effective internal control over financial reporting.

Alere, a global diagnostic device and service provider, said yesterday a filing the Securities and Exchange Commission that it received a grand jury subpoena from the Department of Justice requiring the production of documents relating to its sales practices in Africa, Asia, and Latin America.

London-based HSBC said in an earnings release last week that it is one of several banks being investigated by the U.S. Securities and Exchange Commission for its hiring practices in Asia. Hiring a family member or friend of a government official violates the Foreign Corrupt Practices Act if the intent of the hiring is to obtain or retain business.

Olympus Corporation of the Americas, a wholly-owned subsidiary of Japan-based Olympus, will pay $623.2 million to resolve criminal charges and civil claims relating to a scheme to pay kickbacks to doctors and hospitals—the largest total amount paid in U.S. history for violations involving the Anti-Kickback Statute by a medical device company. The civil settlement resolves a lawsuit filed by John Slowik, OCA’s former chief compliance officer, who will receive $44.1 million from the federal share and $7 million from the state share of the civil settlement amount.

Platform Specialty Products, a chemical-products company, said in a regulatory filing this week that it is conducting an internal investigation to determine whether certain payments made by a recently acquired subsidiary to third-party agents in West Africa violated the Foreign Corrupt Practices Act.

Switzerland pharmaceutical giant Novartis yesterday reached a $25 million settlement with the Securities and Exchange Commission for violating the books and records and internal accounting controls provisions of the Foreign Corrupt Practices Act concerning its operations in China.

Medical device maker Zimmer Biomet Holdings (formerly Biomet) is still under investigation by the Justice Department and SEC for possible violations of the Foreign Corrupt Practices Act regarding its operations in Brazil and Mexico. As a result, a three-year deferred prosecution agreement that Biomet entered into with the Justice Department in 2012 will be extended further.

Amsterdam-based VimpelCom, a global telecommunication services provider, said last week in its annual report with the Securities and Exchange Commission that it has set aside $105 million for legal expenses associated with its $795 million settlement reached last month with U.S. and Dutch prosecutors for paying bribes to a government official in Uzbekistan.

Effective today, the Department of Justice’s Criminal Division has launched a one-year “pilot program” in the Fraud Section’s FCPA Unit as part of the agency’s effort to promote both transparency and accountability. At the end of the one-year pilot period, the Fraud Section will determine whether to extend or modify the program.

Las Vegas Sands has agreed to pay a $9 million penalty to the Securities and Exchange Commission to settle charges that it violated the Foreign Corrupt Practices Act by failing to properly authorize or document millions of dollars in payments to a consultant facilitating business activities in China and Macao.

Newmont Mining said this week in a securities filing that it is conducting an investigation relating to certain business activities of the company, its affiliates, and contractors in countries outside the United States. The gold mining company added that the investigation includes a review of compliance with the U.S. Foreign Corrupt Practices Act and other applicable laws and regulations.

Defense contractor Harris said last week in a quarterly filing that the Department of Justice has decided not to take any action following the completion of its investigation into potential violations of the Foreign Corrupt Practices Act. The SEC’s investigation remains ongoing.

Key Energy Services will pay $5 million to the SEC in connection with a previously disclosed investigation into potential violations of the Foreign Corrupt Practices Act. Jaclyn Jaeger has more.

Biopharmaceutical-company AstraZeneca has reached a $5.5 million settlement with the SEC to settle claims that it violated the Foreign Corrupt Practices Act by making improper payments to state-controlled healthcare providers in China and Russia. Jaclyn Jaeger reports.

The SEC will not take action against Harris Corp. for FCPA violations, but has brought charges against a former Harris executive for bribing Chinese government officials to obtain business. Jaclyn Jaeger explores.

Anheuser-Busch InBev today reached a $6 million settlement with the Securities and Exchange Commission for violations of the Foreign Corrupt Practices Act (FCPA) and for chilling a whistleblower who reported the misconduct. Jaclyn Jaeger reports.

Switzerland-based oilfield services giant Weatherford International will pay $140M to settle charges that it inflated earnings by using deceptive income tax accounting. Jaclyn Jaeger reports.

Och-Ziff Capital Management Group and wholly-owned subsidiary OZ Africa Management will pay $412M for the bribery of government officials in Africa—the first time a hedge fund has been accountable for FCPA violations. Jaclyn Jaeger has more.

Medical-device maker Misonix said it voluntarily contacted the Securities and Exchange Commission and the U.S. Department of Justice this week to inform them about potential violations of the Foreign Corrupt Practices Act. Jaclyn Jaeger reports.

Cognizant Technology Solutions said in a recent regulatory filing that it is conducting an internal investigation to determine whether certain payments relating to facilities in India were made improperly and in possible violation of the U.S. Foreign Corrupt Practices Act.

Laureate Education, a for-profit higher education institution, said that it is conducting an internal investigation into possible violations of the U.S. Foreign Corrupt Practices Act concerning an $18 million donation that one of its network institutions made in Turkey to a charitable foundation. Jaclyn Jaeger has more.

Teva Pharmaceutical Industries will pay $519 million to settle charges that it violated the FCPA; while global construction company Odebrecht and petrochemical company Braskem (both based in Brazil) will pay a combined penalty of $3.5 billion to settle the largest foreign bribery case in history. Jaclyn Jaeger reports.