The U.S. Securities and Exchange Commission announced on September 25, 2007 two settled enforcement actions based on violations of the books and records provisions of the Foreign Corrupt Practices Act. The actions involved the founder and former president of A.T. Kearney Ltd’s India business, Chandramowli Srinivasan, and Kearney’s former parent company, Electronic Data Systems Corp.
Between 2001 and 2003, Srinivasan made corrupt payments of over $720,000 in the form of cash transfers, gifts and services to employees of two private energy companies partly owned by the Indian government in order to retain their buisness. To fund the bribes, Srinivasan and a Kearney-India contract accountant fabricated invoices that Srinivasan subsequently signed to authorize payment. This caused EDS to record the payments incorrectly in its accounting books and records. EDS recognized over $7.5 million in revenues from the Indian companies’ contracts after Kearney-India began paying the bribes.
For violating Sections 13(b)(5) and 30A of the Securities Exchange Act of 1934, Srinivasan paid a civil penalty of $70,000. EDS paid $358,800 in disgorgement and $132,102 in prejudgment interest for violating Sections 13(a) and 13(b)(2)(A) of the Exchange Act and Exchange Act Rules 12b-20 and 13a-13, and Regulation FD in connection with a separate offense.
Kearney, which EDS owned from 1995 to 2006, is now “an independent, privately owned management consultancy, with 100 percent of the equity owned by officers in the firm.” Srinivasan, whom EDS terminated in 2004, resides in Delhi, India. Kearney’s change in ownership, Srinivasan’s departure from Kearney / EDS and his foreign residency are all reasons why the Department of Justice may decide not to bring criminal prosecutions for the FCPA violations.
Electronic Data Systems Corp. trades on the New York Stock Exchange under the symbol EDS.
View the SEC’s September 25, 2007 Litigation Release No. 20296 and Accounting and Auditing Enforcement Release No. 2726 Here.
View the SEC’s Complaint Against Srinivasan Here.
View the SEC’s Administrative Proceeding Order Against EDS Here.