This week, we are pleased to have a guest post from Kevin Daly.  Attorney Daly is a member of the firm’s Manufacturing Industry Group and also its Trade Compliance Team.

In September, the U.S. government announced a nearly $1 billion FCPA (Foreign Corrupt Practices Act) settlement with the Swedish telecommunications company Telia.  The total monetary payment in this global resolution makes it the largest such settlement to date.  It is also the first major FCPA settlement under the Trump Administration.

The settlement involved both Telia itself and its Uzbek subsidiary, Coscom.  The settlement resolved allegations that the two companies paid over $330 million in bribes to an Uzbek government official in an attempt to enter the telecommunications market in Uzbekistan.  The official had influence over the Uzbek agency that regulates the telecommunications industry.  Telia and Coscom also allegedly concealed the bribes by routing them through shell companies.

The settlement was a global resolution involving the Department of Justice, the Securities and Exchange Commission, as well as Swedish and Dutch authorities.  It imposed total civil and criminal monetary penalties of over $965 million.  Telia entered into a deferred prosecution agreement, agreed to implement internal controls, and agreed to cooperate with the government’s ongoing investigation.  Coscom pleaded guilty to one count of conspiracy to violate the FCPA.

Ever since the Trump Administration began in January, observers of government anti-corruption policy have sought to predict whether FCPA enforcement would change under the new administration.  One cannot draw too many conclusions from a single settlement, and it is unclear whether any other settlements of this magnitude are on the horizon.  But, for the time being at least, the era of major global anti-corruption resolutions continues.

The Department of Justice’s press release announcing the Telia settlement can be found here.

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Photo of Jeffrey White Jeffrey White

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or…

I am a partner at Robinson+Cole who handles corporate compliance and litigation matters for both domestic and international manufacturers and distributors that make and ship products around the world. My clients have ranged from publicly traded Fortune 500 companies to privately held and/or family owned manufacturers. For those looking for my detailed law firm bio, click here.

I am often asked why I have focused a large part of my law practice on counseling manufacturers and distributors. As with most things in life, the answer to that question is tied back to experiences I had well before I became a lawyer. My grandfather spent over 30 years working at a steel mill (Detroit Steel Company), including several years in its maintenance department. One of my grandfather’s prime job duties was to make sure that the equipment being used was safe. In his later years, he would apply those lessons learned in every project we did together as he passed on to me his great respect and pride for the manufacturing industry.

Because of these experiences, I not only feel comfortable advising executives in a boardroom, but also can easily transition to the factory floor. My experience has involved a range of industries, including aerospace and defense, chemicals, energy, pharmaceuticals and life sciences, nutritional and dietary supplements, and retail and consumer products. While I have extensive experience in litigation (including product liability and class actions), I am extremely proactive about trying to keep my clients out of the courtroom if at all possible. Specifically, I have counseled manufacturers and distributors on issues such as product labeling and warranties, product recalls, workplace safety/OSHA, anti-trust, and vendor relations, among other things. I always look for the business-friendly solution to a problem that may face a manufacturer or distributor and I hope this blog will help advance those efforts.