Houston-based Key Energy Services, Inc. agreed to disgorge $5 million to settle Foreign Corrupt Practices Act offenses caused by bribes from its Mexican subsidiary to an employee at state-owned Pemex.
Entries in books and records (19)
Many of us scratched our head in 2010 when the Oracle FCPA enforcement action came out. We didn't understand how a company could be prosecuted, even civilly by the SEC for internal controls or book and records violations, without evidence that bribes had been paid. But after the past few months, I think Oracle was a precursor to a strict liability standard that's coming to FCPA enforcement.
The Securities and Exchange Commission Monday charged Bruker Corporation with violating the Foreign Corrupt Practices Act by paying for sightseeing trips and shopping expenses for Chinese government officials responsible for buying the company's products.
The Securities and Exchange Commission said Monday it sanctioned two former employees in the Dubai office of a U.S.-based defense contractor for violating the Foreign Corrupt Practices Act by taking government officials in Saudi Arabia on a “world tour” to help win business for the company. The two later created phony records to hide their offenses.
California-based life science company Bio-Rad Laboratories agreed Monday to pay a total of $55 million to settle DOJ and SEC allegations that subsidiaries made improper payments to foreign officials in Russia, Vietnam, and Thailand to win business
Commercial bribery is prohibited by many anti-corruption laws throughout the world, such as the UK Bribery Act (UKBA). The anti-bribery provisions of the U.S. Foreign Corrupt Practices Act (FCPA) focus on official bribery, however, leaving commercial bribery to be pursued by U.S. law enforcement, if at all, under a variety of federal statutes lacking the reach and impact of the FCPA.
Last Thursday, the Financial Industry Regulatory Authority (FINRA) fined Barclays Capital Inc. $3.75 million for failing to preserve electronic records and certain emails and instant messages for at least a decade.
According to FINRA, Barclays did not preserve order and trade ticket data, trade confirmations, blotters, account records and similar records from at least 2002 to 2012. It also failed to properly preserve about 3.3 million Bloomberg instant messages from October 2008 to May 2010 and certain attachments to Bloomberg emails from May 2007 to May 2010.
Since August 2012, there has been a lot of discussion in anti-corruption circles about Oracle’s settlement with the SEC, including here. Much of the past discussion has focused on the fact that the SEC charged Oracle with books & records and internal controls FCPA violations without an attendant allegation of bribery. Rather, the SEC said in its complaint that “[f]rom 2005 to 2007, certain employees of Oracle's Indian subsidiary Oracle India Private Limited ("Oracle India") secretly "parked" a portion of the proceeds from certain sales to the Indian government and put the money to unauthorized use, creating the potential for bribery or embezzlement.” (emphasis added).
We considered in a prior post the new spirit of tough enforcement at the DOJ and SEC and the need to seize the opportunity for more advocacy by the compliance profession, in particular to head off a resolution of the Wal-Mart investigation harmful to compliance officers and the public.
The Securities and Exchange Commission Wednesday charged husband-and-wife executives and their China-based company with FCPA books and records and internal controls violations in a non-bribery case. The couple allegedly overstated the company's revenues and diverted proceeds from a securities offering for their personal use.