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Foreign Corrupt Practices Act & Anti-Corruption
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  • Teva Pharmaceuticals Sets Aside $520 Million for Potential FCPA Settlement

    Teva Pharmaceutical Industries Ltd. (Teva), an Israeli company, stated in its Form 6-K filed with the SEC on November 15, 2016, that it has set aside approximately $520 million for a potential settlement of FCPA matters being investigated by the SEC and DOJ. Teva explained that the reserve relates to conduct that occurred between 2007 and 2013 in Russia, Mexico, and the Ukraine, and that it was discovered in the course of the investigation that began in early 2012 with the issuance of an SEC subpoena to Teva, as well as a concurrent internal investigation of its worldwide business practices.

    Should Teva enter into a settlement, it will top the growing list of pharmaceutical companies that have been subject to multimillion dollar penalties for conduct in violation of the FCPA, including the following:

    • AstraZeneca ($5.5 million settlement in 2016 of allegations relating to bribery of Chinese and Russian doctors)

    • GlaxoSmithKline ($20 million settlement in 2016 of allegations relating to bribery of Chinese health care professionals)

    • Novartis ($25 million settlement in 2016 of allegations relating to bribery of Chinese doctors

    • Bristol-Myers Squibb & Co. ($14 million settlement in 2015 of allegations relating to bribery of healthcare professionals at state-owned hospitals in China)

    • Eli Lily & Co. ($29 million settlement in 2012 of allegations relating to bribery of government employed physicians in Russia, Brazil, China and Poland)

    • Johnson & Johnson ($70 million settlement in 2011 of allegations relating to conspiracy and bribery of doctors employed by state-controlled health care systems in Greece)

    SEC FCPA Update Johnson & Johnson Mexico Russia Eli Lilly Teva Pharmaceuticals Ukraine FCPA Bristol-Myers Squibb Novartis SEC AstraZeneca GlaxoSmithKline

  • Bristol-Myers Squibb Pays $14 Million to SEC to Resolve China FCPA Offenses

    On October 5, the SEC announced a settlement with Bristol-Myers Squibb to resolve allegations that the pharmaceutical company’s Chinese joint venture, BMS China, gave cash, jewelry, and other benefits to health care providers in order to boost prescription sales at state-owned or controlled hospitals.  The SEC proceeded via an administrative cease and desist order.  The SEC’s order found that the company violated the internal controls and books and records provisions of the FCPA. Bristol-Myers consented to the SEC’s order without admitting or denying the findings, and agreed to disgorge profits of $11.4 million plus $500,000 in pre-judgment interest and pay a civil penalty of $2.75 million.  Bristol-Myers also agreed to report to the SEC for two years regarding the status of its efforts to implement anti-corruption compliance controls. The SEC’s order states that Bristol-Myers failed to investigate red flags and claims by terminated BMS China employees that raised the possibility that sales personnel were making improper payments.  The order also states that Bristol-Myers was too slow to fill gaps in its internal controls regarding interactions with health care providers.

    China Bristol-Myers Squibb Pharmaceutical

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