A new report recently published by The Ethics and Compliance Initiative (ECI), the 2019 Global Business Ethics Survey, addresses the state of E&C programs across ten countries — USA, Brazil, UK, Spain, France, Italy, Germany, Russia, India, and China.… Continue Reading
Walmart Inc. agreed Thursday to pay the DOJ and SEC $282 million to settle allegations that it violated the Foreign Corrupt Practices by paying an intermediary in Brazil for help obtaining construction permits and having weak anti-corruption internal controls in Brazil, China, India, and Mexico.… Continue Reading
Uber Technologies, Inc. said Thursday the U.S. Department of Justice is investigating possible FCPA violations related to its activity in Asia.
According to Uber’s S-1 filing, the DOJ is investigating potential bribes in countries including Indonesia, Malaysia, China, and India.
In Indonesia, the ride-hailing company is being investigated for allegations of small payments to police, and “other potential improper payments.”
Here is the text from Uber’s S-1 filed April 11, 2019, courtesy of FCPA Tracker:
We received requests from the DOJ in May 2017 and August 2017 with respect to an investigation into allegations of small payments to police in Indonesia and other potential improper payments in other countries in which we operate or have operated, including in Malaysia, China, and India.… Continue Reading
Cognizant Technology Solutions Corporation agreed to pay $25 million to settle FCPA charges with the SEC, and two of the company’s former executives were charged Friday by the DOJ for paying bribes to an Indian government official.… Continue Reading
The media has been busy reporting on investigation and enforcement news surrounding the elections across several states in India. These reports have a clear impact on actions compliance officers can and should take.… Continue Reading
A little-noticed nugget in the recent Stryker SEC Order (Stryker II) — in addition to overbilling, kickbacks, and using unvetted intermediaries in India and China — was the allegation that Stryker’s “Kuwait Distributor made over $32,000 in improper ‘per diem’ payments to Kuwaiti [healthcare providers] to attend Stryker events, when Stryker had directly paid the costs for lodging, meals, and local transportation for these individuals.”
This strongly implies that the per diems were improper because they were paid in addition to all other costs (“Per-Diems-Plus”).
It is common practice to advise clients that the payment of Per-Diems-Plus increases compliance risk, but to my knowledge, the SEC and DOJ have never gone so far as to state or even imply that Per-Diems-Plus are per se improper.… Continue Reading
India’s anti-bribery and anti-corruption regime recently went through a massive change with the enactment of the 2018 Prevention of Corruption (Amendment) Act, 2018.… Continue Reading
The World Bank debarred an Indian construction services company Wednesday for faking past experience in the bidding process for a road project in India.
M/s Om Sakthi Constructions “submitted a fraudulent certificate of past experience in its bid” for a highway construction contract, the World Bank said.
The 15 month debarment is for “fraudulent practices” related to the Second Tamil Nadu Road Sector Project in India.
The World Bank financed $300 million of the $780 million project.… Continue Reading
Both houses of India’s parliament adopted amendments to the country’s main anti-corruption legislation that expand the definition of bribery and who’s subject to the law.… Continue Reading
In November 2018, all 435 seats in the House of Representatives, 34 Senate seats, and 36 governorships are up for grabs.… Continue Reading