A U.S.-based multinational medical device company said it may have violated the Foreign Corrupt Practices Act. In a May 2 SEC filing, Stryker said it has hired outside counsel to investigate whether “certain business activities in a foreign country violated provisions” of the FCPA, adding that both the SEC and DOJ have contacted it. The company said it’s cooperating with both agencies. “At this time we are unable to predict the outcome of the investigation or the potential impact, if any, on our financial statements,” Stryker said.
Ericsson pleaded guilty to breaching its 2019 deferred prosecution agreement with DOJ relating to its violations of the Foreign Corrupt Practices Act. The company admitted to violating the FCPA and agreed to pay over $206 million in criminal penalties during a proceeding at the U.S. District Court for the Southern District of New York, Bloomberg reported (U.S. v. Ericsson, S.D.N.Y. # 19-00884).
Australian mining giant Rio Tinto will pay a $15 million civil penalty to the Securities and Exchange Commission to settle claims the company violated the Foreign Corrupt Practices Act by bribing a Guinean government official to retain mining rights in the country.
Swedish telecommunications giant Ericsson announced Feb. 28 that Laurie Waddy will step down as the company's chief compliance officer after nearly four years in the role. Waddy has stood at the center of Ericsson's compliance efforts amid alleged violations of the Foreign Corrupt Practices Act.
Attorneys in the Latin American practice at Miller & Chevalier said that DOJ has been emphasizing the kind of corporate oversight it expects to prevent bribery cases, and said that the agency wants to see compensation structures that incentivize compliant behavior, the use of data analytics for monitoring employees, preserving data from personal cell phones, and, if there is a violation, conducting a root cause analysis.
Multinational conglomerate Honeywell will pay $202.7 million to resolve anti-corruption Foreign Corrupt Practices Act investigations with both U.S. and Brazilian authorities, the company said in a Dec. 19 press release. The conduct subject to the investigations involved Honeywell's operations in Brazil with the state-owned Petroleo Brasileiro (Petrobras) and an intermediary, Unaoil.
Assistant Attorney General Kenneth Polite last week touted DOJ's action under the Foreign Corrupt Practices Act, championing DOJ's $315 million FCPA resolution with ABB over the company's bribery of an official in South Africa's state-owned energy company (see 2212050021). The case was the department's "first coordinated resolution with authorities in South Africa," and has resulted in South African authorities bringing corruption charges of their own against the official, Polite said in closing remarks, as prepared for delivery, Dec. 9 at an anti-corruption conference.
Swiss commodity trading and mining company Glencore agreed to pay the Democratic Republic of the Congo $180 million to settle "all present and future claims" of corruption running from 2007 to 2018, the company announced. The news comes after Glencore pleaded guilty in a New York district court to violating the Foreign Corrupt Practices Act in May (see 2205270044). In that case, Glencore International and Glencore agreed to pay over $1.1 billion to settle the investigations into bribery and commodity price manipulation.
The U.S. is likely to see several more resolutions under the Foreign Corrupt Practices Act in the coming months, Acting Principal Deputy Assistant Attorney General Nicole Argentieri said at an annual FCPA conference this week. Argentieri made the remark after highlighting FCPA enforcement action taken in 2022. These moves included three corporate FCPA resolutions, involving Stericycle, Glencore and GOL Linhas Airlines, and one declination under the Corporate Enforcement Policy with disgorgement, involving Jardine Lloyd Thompson Group Holdings (JLT).
The failures of Telefonaktiebolaget LM Ericsson and Korea Telecommunications Corporation (KT) provide poignant lessons on how to beef up protection against corruption risks, particularly within the telecommunications sector, lawyers at Hogan Lovells said in an analysis posted on the firm's website Oct. 11. The sector "is particularly vulnerable to corruption," meaning compliance functions must look to "double down on their efforts to ensure that robust and efficient processes" are implemented and stress-tested, the post said.