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Tag Archives: ADM

SEC’s Enforcement of the Foreign Corrupt Practices Act.

26 Thursday Dec 2013

Posted by Celia C. Elwell, RP in Foreign Corrupt Practices Act, SEC

≈ Comments Off on SEC’s Enforcement of the Foreign Corrupt Practices Act.

Tags

ADM, Archer Daniels Midland, Bribery, FCPA, Foreign Corrupt Practices Act, Germany, SEC, Ukraine, Value added tax

SEC Enforcement Actions: FCPA Cases, U.S. Securities and Exchange Commission

http://www.sec.gov/spotlight/fcpa/fcpa-cases.shtml

This website provides hyperlinks for every case from 2013 to 1978. Please note the other websites and links at the bottom of the page. – CCE

Enforcement of the Foreign Corrupt Practices Act (FCPA) continues to be a high priority area for the SEC. In 2010, the SEC’s Enforcement Division created a specialized unit to further enhance its enforcement of the FCPA, which prohibits U.S. companies from bribing foreign officials for government contracts and other business.

Update: On December 20, 2013, the SEC charged Archer-Daniels-Midland Company with violation of the FCPA for failure to prevent illegal payments to foreign government officials. -CCE

SEC Charges Archer-Daniels-Midland Company With FCPA Violations, Press Release, U.S. Securities and Exchange Commission

http://tinyurl.com/kct8jgc

An SEC investigation found that ADM’s subsidiaries in Germany and Ukraine paid $21 million in bribes through intermediaries to secure the release of value-added tax (VAT) refunds.  The payments were then concealed by improperly recording the transactions in accounting records as insurance premiums and other purported business expenses.  ADM had insufficient anti-bribery compliance controls and made approximately $33 million in illegal profits as a result of the bribery by its subsidiaries.

 

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