Tagged: DOJ FCPA

Vitol Pays $163.7 Million to Settle FCPA Case (Part I of III)

The Justice Department continues to produce FCPA resolutions in a record year for enforcement.  The latest, and perhaps the beginning of several end-of-year and end of the Trump Administration resolutions, is DOJ’s settlement with Vitol, Inc. (Vitol), an energy trading company.  DOJ agreed to a three-year deferred prosecution agreement (DPA) in exchange for a criminal penalty of $135 million.  One-third of the payment, or $45...

DOJ Hits Beam Suntory with FCPA Settlement for $19.5 Million (Part I of II)

Beam Suntory, a global producer and distributor of distilled beverages, settled its FCPA case with DOJ for $19.5 million for bribes paid in India.  The DOJ settlement follows an SEC FCPA settlement for $8 million announced on July 2, 2018.  The timing of the FCPA settlements is unusual and suggests that DOJ’s resolution involved unique issues relating to Beam Suntory’s cooperation.  The SEC resolution was...

DOJ FCPA Settlement: J&F Investimentos’ Bribery Schemes (Part II of V)

J&F’s Investimentos bribery scheme was pervasive and was coordinated with a senior Brazilian Finance minister and orchestrated through the use of United States banking.  The Brazilian official appears to be Guido Mantega, who went on to serve as Brazil’s finance minister. Given J&F’s large penalty in Brazil, DOJ’s resolution was reasonable in light of the consistent use of the US banking system to execute the...

J&F Investimentos Pleads Guilty to FCPA Bribery Conspiracy and Settles SEC Case for Total of $283 Million (Part I of V)

J&F Investmentos SA (“J&F), a Brazilian private investment company, plead guilty to FCPA bribery violations in federal court in Brooklyn, New York.  As part of the plea agreement, J&F agreed to pay a fine of $256 million and to cooperate with ongoing investigations of other companies and individuals involved in the bribery schemes. J& F owns numerous companies around the globe, including in the meat...

Webinar: 2020 FCPA Enforcement and Compliance Review

Webinar: 2020 FCPA Enforcement and Compliance Review October 13, 2020, 12 Noon EST Sign Up HERE Despite the pandemic and disruptions to the global economy, the Justice Department and the Securities and Exchange Commission have resumed their aggressive enforcement of the FCPA. DOJ has continued its pace of corporate prosecutions while continuing to increase individual criminal prosecutions. DOJ and the SEC also issued a revised...

Three Individuals Charged with Fraud and FCPA Violations in International Adoption Scheme

FCPA cases can arise in un usual situations.  DOJ has focused two separate prosecutions on bribery and fraud involving adoptions from Uganda and Poland.  At the heart, the defendants bribed Ugandan and Polish authorities to secure children who were not orphaned and deceived prospective parents as to the orphaned status of the children placed for adoption. In the end, innocent children were removed from their...

FCPA Issues First Opinion Release in Six Years

Take it from me, if I recommend a stock pick to buy or sell – do the opposite.  In a great episode of Seinfeld, George Costanza adopted a new-life approach by doing the exact opposite of what he normally would do in a situation.  Here is the classic clip. In a podcast episode I recorded with Tom Fox, I made the “brilliant” point that DOJ...

Episode 96 — The End of the Line: The Walmart FCPA Settlement

After a lengthy investigation (yes, 8 years), Walmart agreed to settle its FCPA violations and paid approximately $282 million , divided as follows: (1) $138 combined criminal penalty under the terms of a three-year non-prosecution agreement; and (2) $144 million disgorgement pursuant to an agreement with the SEC. Walmart’s Brazil subsidiary entered a guilty plea to one count of violating books and records in the Eastern...

Tom Fox and Mike Volkov Discuss the Fresenius Medical FCPA Enforcement Action

Tom Fox and I recently had a chance to discuss the Fresenius Medical FCPA enforcement action. A link to the podcast is here. Fresenius Medical, the largest supplier of dialysis equipment and services, agreed to pay $231 million to the Justice Department and the SEC to resolve FCPA violations in 17 countries in Africa, the Middle East and Europe. Fresenius entered a non-prosecution agreement with...

Episode 82 — A Deep Dive into the Cognizant Technology FCPA Enforcement Action

In the first corporate FCPA action of 2019, Cognizant Technology Solutions Company settled its long-running FCPA case, agreeing to pay the SEC $25 million.  At the same time, the Justice Department announced: (1) its’ declination under the FCPA Corporate Enforcement Policy; and (2) the indictment of Cognizant’s former President and General Counsel for criminal FCPA violations. In this Episode, Michael Volkov discusses the Cognizant FCPA...