Gold mining company Newmont Mining said this week in a securities filing that the Securities and Exchange Commission does not plan to bring an enforcement action in connection with a previously disclosed investigation into potential violations of the Foreign Corrupt Practices Act.
“In late February 2017, the company received a declination letter from the SEC relating to this investigation indicating that they do not intend to recommend an enforcement action,” Newmont Mining stated. “As of the filing of these financial statements, we cannot predict the ultimate outcome of these matters.”
As Compliance Week previously reported, Newmont Mining said last year in a securities filing that it was investigating certain business activities of the company, its affiliates, and contractors in countries outside the United States. It added that the probe included a review of compliance with the FCPA and other applicable laws and regulations. At the time, Newmont said it was working with the SEC and Department of Justice concerning the investigation.
In March 2016, Newmont Mining entered into a one-year agreement with the SEC tolling the statute of limitations relating to the investigation. In April 2016, it entered into a similar agreement with the Department of Justice. Both of the initial tolling agreements were effective through October 2016.
In September 2016, the company agreed to extend its tolling agreement with the Justice Department through April 2017, and agreed to a similar extension with the SEC in October 2016. A tolling agreement between prosecutors and an individual under criminal investigation waives the criminal statute of limitations.
The latest disclosure did not mention the status of the Department of Justice investigation.