Page 129 - U.S. FOREIGN CORRUPT PRACTICES ACT

A Resource Guide to the U.S. Foreign Corrupt Practices Act. Second Edition.

based on allegations that it paid money to its Greek agent and Brazil), available at https://www.justice.gov/opa/pr/sbm-
with knowledge that all or some of the money paid would offshore-nv-and-united-states-based-subsidiary-resolve-
be offered, given, or promised to Greek foreign officials in foreign-corrupt-practices-act-case; Press Release, United
connection with sale of company’s system and spare parts); States v. Telia Company AB, No. 17-cr-581 (S.D.N.Y. Sept. 21,
United States v. Eagle Bus Manufacturing, Inc., No. 91-cv-171 2017) (DOJ and SEC coordinating with the Netherlands),
(S.D. Tex. 1991) (entry of injunction barring company from available at https://www.justice.gov/opa/pr/telia-company-
future FCPA violations based on allegations that employees ab-and-its-uzbek-subsidiary-enter-global-foreign-bribery-
of the company participated in bribery scheme to pay foreign resolution-more-965; Press Release, United States v. Rolls-
officials of Saskatchewan’s state-owned transportation Royce plc, No. 16-cr-247 (S.D. Ohio Jan. 17, 2017) (DOJ
company $50,000 CAD in connection with sale of buses); coordinating with United Kingdom and Brazil), available at
United States v. Carver, et al., No. 79-cv-1768 (S.D. Fla. 1979) https://www.justice.gov/opa/pr/rolls-royce-plc-agrees-
(entry of injunction barring company from future FCPA pay-170-million-criminal-penalty-resolve-foreign-corrupt-
violations based on allegations that Carver and Holley, practices-act; Press Release, United States v. Odebrecht S.A.,
officers and shareholders of Holcar Oil Corp., paid $1.5 million No. 16-cr-643 (E.D.N.Y. Dec. 21, 2016) (DOJ coordinating with
to Qatar foreign official to secure an oil drilling concession Brazil and Switzerland), available at https://www.justice.gov/
agreement); United States v. Kenny, et al., No. 79-cv-2038 opa/pr/odebrecht-and-braskem-plead-guilty-and-agree-
(D.D.C. 1979) (in conjunction with criminal proceeding, entry pay-least-35-billion-global-penalties-resolve; Press Release,
of injunction barring company from future FCPA violations United States v. Braskem S.A., No. 16-cr-644 (E.D.N.Y. Dec. 21,
for providing illegal financial assistance to political party to 2016) (DOJ and SEC coordinating with Brazil and Switzerland),
secure renewal of stamp distribution agreement). available at https://www.justice.gov/opa/pr/odebrecht-and-
braskem-plead-guilty-and-agree-pay-least-35-billion-global-
375 15 U.S.C. §§ 78dd-2(g)(1)(B), 78dd-3(e)(1)(B), penalties-resolve; Press Release, United States v. VimpelCom
78ff(c)(1)(B); see also 17 C.F.R. § 201.1004 (providing Ltd., No. 16-cr-137 (S.D.N.Y. Feb. 18, 2016) (DOJ and SEC
adjustments for inflation). coordinating with the Netherlands), available at https://www.
justice.gov/opa/pr/vimpelcom-limited-and-unitel-llc-enter-
376 15 U.S.C. §§ 78dd-2(g)(2)(B), 78dd-3(e)(2)(B), global-foreign-bribery-resolution-more-795-million; Press
78ff(c)(2)(B); see also 17 C.F.R. § 201.1004 (providing Release, United States v. Siemens AG, supra note 233 (DOJ and
adjustments for inflation). SEC coordinating with Germany), available at https://www.
justice.gov/archive/opa/pr/2008/December/08-crm-1105.
377 15 U.S.C. §§ 78dd-2(g)(3), 78dd-3(e)(3), 78ff(c)(3); see html.
also 17 C.F.R. § 201.1004 (providing adjustments for inflation).
383 See Rod J. Rosenstein, Deputy Attorney General,
378 Section 21(B)(b) of the Exchange Act, 15 U.S.C. U.S. Department of Justice, Letter to Heads of Department
§ 78u(d)(3); see also 17 C.F.R. § 201.1004 (providing Components on Policy on Coordination of Corporate
adjustments for inflation), available at https://www.sec.gov/ Resolution Penalties (May 9, 2018), available at https://www.
enforce/civil-penalties-inflation-adjustments.htm. justice.gov/opa/speech/file/1061186/download.

379 See Securities Enforcement Remedies and Penny 384 Id. at 1.
Stock Reform Act of 1990, Pub. L. No. 101-429, 104 Stat. 931
§§ 202, 301, 401, and 402 (codified in scattered sections of 385 48 C.F.R. §§ 9.406-2, 9.407-2.
Title 15 of the United States Code).
386 48 C.F.R. § 9.402(b).
380 591 U.S. __ (2020).
387 See 48 C.F.R. §§ 9.406-1, 9.407-1(b)(2). Section
381 Press Release, United States v. Braskem S.A., 9.406-1 sets forth the following non-exhaustive list of factors:
No. 16-cr-644 (E.D.N.Y. Dec. 21, 2016), available at https:// (1)Whether the contractor had effective standards of
www.justice.gov/opa/pr/odebrecht-and-braskem-plead- conduct and internal control systems in place at the time
guilty-and-agree-pay-least-35-billion-global-penalties- of the activity which constitutes cause for debarment or
resolve. had adopted such procedures prior to any Government
investigation of the activity cited as a cause for debarment.
382 See, e.g., Press Release, United States v. Airbus (DOJ
coordinating with France and United Kingdom), available at (2) Whether the contractor brought the activity cited as
a cause for debarment to the attention of the appropriate
https://www.justice.gov/opa/pr/airbus-agrees-pay-over- Government agency in a timely manner.
39-billion-global-penalties-resolve-foreign-bribery-and-
itar-case; Press Release, United States v. TechnipFMC (DOJ (3) Whether the contractor has fully investigated the
coordinating with Brazil), available at https://www.justice. circumstances surrounding the cause for debarment and,
gov/opa/pr/technipfmc-plc-and-us-based-subsidiary-agree- if so, made the result of the investigation available to the
pay-over-296-million-global-penalties-resolve; Press Release, debarring official.
United States v. Société Générale (DOJ coordinating with (4) Whether the contractor cooperated fully with
France), available at https://www.justice.gov/opa/pr/soci- Government agencies during the investigation and any court
t-g-n-rale-sa-agrees-pay-860-million-criminal-penalties- or administrative action.
bribing-gaddafi-era-libyan; Press Release, United States v.
Keppel Offshore & Marine Ltd., No 17-cr-697 (E.D.N.Y. Dec. 22, (5) Whether the contractor has paid or has agreed to pay all
2017) (DOJ coordinating with Brazil and Singapore), available criminal, civil, and administrative liability for the improper
at https://www.justice.gov/opa/pr/keppel-offshore-marine- activity, including any investigative or administrative costs
ltd-and-us-based-subsidiary-agree-pay-422-million-global- incurred by the Government, and has made or agreed to
penalties; Press Release, United States v. SBM Offshore (S.D. make full restitution.
Tex. Nov. 29, 2017). (DOJ coordinating with the Netherlands
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