FCPA Violations Tag Archives — Investor Lawyers Blog

FCPA违规，通货膨胀计划和不当审计的指控导致SEC欺诈案件

Published on:March 29, 2018 | 经过Shepherd Smith Edwards＆Kantas，LLP

To settle an Securities and Exchange Commission case, Maxwell Technologies, Inc. and one of its former sales executives and officers, Van Andrews, have agreed to pay $2.8M and $50K in penalties, respectively, but without denying or admitting to the regulator’s allegations. They are not, however, admitting to or denying the SEC’s finding that they were involved a fraudulent revenue scam that inflated the energy storage company’s reported financial results.

监管机构的命令表示，该公司“过早地”承认超级药物销售的收入，以便更好地满足分析师的期望。安德鲁斯（Andrews）被指控通过秘密客户交易和对记录进行培训来掩盖收入，以隐藏外部审计师以及公司财务和会计人员的骗局。

作为他和解的一部分，安德鲁斯被禁止担任上市公司的官员或董事角色。前马克斯韦尔首席执行官戴维·施拉姆姆（David Schramm）还针对他们提出了针对他们的指控，他将支付近8万美元的审议和审判利息，再加上罚款。前马克斯韦尔控制器詹姆斯·德威特（James Dewitt）将支付20万美元的罚款。这两个人被指控没有做足够的工作来解决危险信号，表明可能已经发生了不当行为。

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Braskem，Teva Pharmaceutical和General Cable.Settle FCPA费用为9.57美元，5.19亿美元和7500万美元

Published on:December 29, 2016 | 经过Shepherd Smith Edwards＆Kantas，LLP

一家总部位于巴西的石化制造商在美国市场上进行股票交易，已与美国证券交易委员会，美国司法部以及瑞士和巴西当局达成了9500万美元的全球和解协议。bob200体育Braskem SA被指控违反《外国腐败行为法》，并生成假书籍和记录，以隐藏数百万美元的贿赂，据称该贿赂是为了维持或赢得企业的目的。

Braskem is accused of making about $325M in profits because of these purported bribes that were made via intermediaries and off-book accounts run by its biggest shareholder. The SEC believes that the petrochemical manufacturer lacked the internal controls to stop it from executing these bribes, which allegedly occurred over eight years.

As part of the settlement, Braskem will pay $325M in disgorgement—$65M of that will go to the SEC and $260 will go to authorities in Brazil. Another $632M will go toward criminal penalties and fines. Braskem will have to work with an independent corporate monitor for a minimum of three years.

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SEC案件：OCH-Ziff对冲基金解决FCPA违反费用，费用为4.13亿美元，员工在毒品公告之前被指控内部交易，公司在解雇举报人后付款罚款

Published on:October 14, 2016 | 经过Shepherd Smith Edwards＆Kantas，LLP

纽约对冲基金支付4.13亿美元以解决有关FCPA违规行为的民事和刑事指控

OCH-Ziff Capital Management Group已解决指控纽约对冲基金会贿赂以在非洲获得业务的刑事和民事诉讼。这是第一个对违反《外国腐败行为法》的对冲基金。

作为与SEC的和解协议的一部分，OCH-Ziff将向委员会支付近2亿美元。同时，对冲基金的首席执行官丹尼尔·S·奥克（Daniel S.首席财务官乔尔·弗兰克（Joel M.

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Fifth Circuit To Hear Appeal Over Whether Dodd Frank’s Whistleblower Statute Covers Informants that Report FCPA Violations

Published on:April 12, 2013 | 经过Shepherd Smith Edwards＆Kantas，LLP

In June, The U.S. Court of Appeals for the Fifth Circuit will hear oral argument inAsadi诉G.E.能源（美国）有限责任公司这是关于《多德 - 弗兰克华尔街改革和消费者保护法》的举报人法规的新颖呼吁。该诉讼已被美国德克萨斯州南区的美国地方法院驳回，理由是最高法院的裁决Morrison v. National Australia Bank Ltd.precluded applying the anti-retaliation provisions to behavior that occurred outside this country.

The plaintiff, Khaled Asadi, is a citizen of both Iraq and the United States. He had sued GE Energy (USA) LLC, his former employer, last year claiming that the company had violated these provisions when they fired him because he allegedly told his superiors that about a possible hiring situation that could violate the Foreign Corrupt Practices Act. He says that he spotted the alleged wrongdoing while working temporarily with Iraqi authorities in Jordan to obtain business for GE Energy.

After the district court in Texas threw out his case, Asadi filed his appeal, arguing that the Anti-Retaliation provisions specifically protect employees who make disclosures of any rule, law, or regulation under the Securities and Exchange Commission’s jurisdiction. He also maintains that American citizens working abroad who provide information about securities violations should be protected when those violations possess “extraterritorial applicability.”

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SEC综述：马萨诸塞州投资顾问获得178万美元的判决，安联支付1,230万美元来解决外国腐败行为法案诉讼

Published on:January 5, 2013 | 经过Shepherd Smith Edwards＆Kantas，LLP

Massachusetts Investment Adviser Gets $1.78M Judgment

In a final judgment, the U.S. District Court for the District of Massachusetts says that EagleEye Asset Management LLC and its principal Jeffrey A. Liskov must pay a $1.78M judgment for using a foreign currency exchange trading scam to defraud clients. The Securities and Exchange Commission contends that Liskov fraudulently got several of his investment advisory clients to liquidate securities investments and place the money in forex trading. While EagleEye and Liskov made about $300,000 in performance fees, their clients allegedly lost $4M.

Liskov is accused of perpetuating the investment adviser fraud by issuing material misrepresentations about forex investments, their risks, and his track record. Also per the SEC’s complaint, Liskov more than once took old forms that advisory clients had signed and changed the dates, asset transfer amounts, and other information, and, without their knowledge, opened forex trading accounts.

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