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Editors

Harry Cassin
Publisher and Editor

Andy Spalding
Senior Editor

Jessica Tillipman
Senior Editor

Bill Steinman
Senior Editor

Richard L. Cassin
Editor at Large

Elizabeth K. Spahn
Editor Emeritus

Cody Worthington
Contributing Editor

Julie DiMauro
Contributing Editor

Thomas Fox
Contributing Editor

Marc Alain Bohn
Contributing Editor

Bill Waite
Contributing Editor

Shruti J. Shah
Contributing Editor

Russell A. Stamets
Contributing Editor

Richard Bistrong
Contributing Editor

Eric Carlson
Contributing Editor

The SEC is on an ‘internal controls rampage’ when it comes to third-party relationships

Over the last two years, the Securities and Exchange Commission has set its sights on distributor and reseller relationships, and excoriated companies that failed to adequately manage and supervise them. The focus on these third-party relationships is part of the agency’s broader application of the FCPA’s internal controls provision in an increasingly aggressive manner.… Continue Reading

After Strkyer II, are per diems atop expenses always improper?

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.”  … Continue Reading

Special report: Has the FBI disbanded its FCPA Unit?

The FCPA Blog posed this question to the DOJ and FBI’s public affairs’ offices Wednesday: Has the FCPA Unit at the FBI been disbanded? In response, Christopher Allen in the FBI’s Public Affairs Office said: “The FBI’s investigations are managed through the International Corruption Unit, and that unit is absolutely not being disbanded.”… Continue Reading

Stryker pays $13.2 million in SEC settlement

The SEC said Thursday that medical device and equipment maker Stryker Corporation will pay $13.2 million to resolve FCPA violations.

Michigan-based Stryker bribed doctors and administrators at government controlled hospitals in Argentina, Greece, Mexico, Poland, and Romania, the SEC said.… Continue Reading

New disclosure from Stryker

Here’s the FCPA disclosure from medical device-maker Stryker Corporation’s Form 10-Q filed with the SEC on July 23:

In 2010 we received a subpoena from the United States Department of Justice (DOJ) related to the sales and marketing of the OtisKnee device.

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Medtronic wins double declination

Minnesota-based Medtronic Inc. won a double declination following an FCPA probe that lasted more than five years. The medical device maker said it received word in June from the DOJ and SEC that they won’t pursue enforcement actions.… Continue Reading

Stryker’s latest FCPA disclosure

From the members area of the FCPA Blog, here’s Stryker’s latest FCPA disclosure in its SEC filing this week:

Stryker Corp.

Filing Date     Oct/22/2012

Investigating Entity     Securities and Exchange Commission

Excerpt   In 2010 we received a subpoena from the DOJ related to sales, marketing and regulatory matters related to the Stryker PainPump.… Continue Reading

Stryker’s Latest Disclosure

Here’s Michigan-based Stryker Corporation’s full FCPA disclosure from its Form 10-Q filed with the SEC on July 24. The company makes medical devices used for implants and reconstructive procedures.

In 2007 we disclosed that the United States Securities and Exchange Commission (SEC) made an inquiry of us regarding possible violations of the Foreign Corrupt Practices Act (FCPA) in connection with the sale of medical devices in certain foreign countries.

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