In May, a month after it agreed to be acquired by Oracle for $7.4 billion, Sun Microsystems said it may have violated the Foreign Corrupt Practices Act and that the violations could have a material effect on its business. It launched an internal investigation and shared the results with the Justice Department and the Securities […]
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A January 19, 2008 report in the German business magazine WirtschaftsWoche (here) says unnamed members of Siemens’ supervisory board (equivalent to U.S. directors) think the company may be fined as much as €4 billion by United States regulators for alleged violations of the Foreign Corrupt Practices Act. The magazine reports that the supervisors are basing […]
Tungsten, courtesy of Enough Project via YouTubeAn appellate court Monday struck down part of the conflict-minerals rule, leaving SEC-reporting companies wondering what disclosures to include in their conflict minerals reports due on May 31.
Following yesterday’s post, several readers suggested that we mention any other FCPA-related cases, appeals, sentencings and enforcement actions during the past year involving individuals. It’s a good idea, and our thanks go out to Marc and our other correspondents. _______________ Our post Kozeny’s Co-Defendant Wins Appeal (September 1, 2008) discusses Victor Kozeny, Frederic Bourke and […]
Mergers and acquisitions are back. Seeking Alpha just said: “Over the past few weeks, there has been a resurgence in acquisition activity, fueling an already strong market rally. This news has spanned all regions of the economy ranging from the transportation sector (Burlington Northern being taken over by Berkshire Hathaway) to pharmaceuticals (Schering Plough being […]
Here are the top ten FCPA settlements of all time. If our math is right, the financial penalties (criminal fines, civil disgorgement, and prejudgment interest) add up to $2.8 billion, with almost 50% of that coming from the top two settlements. Five of the top six involve non-U.S. companies. The oldest case on the list […]
For those who missed any of the FCPA enforcement news during the recent hyper-active stretch, here’s what happened: July 28 — Label-maker Avery Dennison Corporation resolved civil and administrative charges brought by the Securities and Exchange Commission. The SEC filed settled enforcement actions in the United States District Court for the Central District of California […]