In this issue: Captain Morgan Maker Served Stiff Penalty By SEC For FCPA Violations; and Supreme Court Rules Qui Tam Plaintiff May Not Base False Claims Act Suit on Contests of FOIA.
Exceprt from "Captain Morgan Maker...":
In a July 27, 2011 release, the SEC announced a settlement that required the world's largest spirits company, Diageo PLC ("Diageo"), to pay disgorgement of $11,306,081 plus interest and a $3 million civil penalty for violations of the Foreign Corrupt Practices Act ("FCPA").
Diageo, headquartered in London, is a leading producer and distributor of premium branded alcoholic beverages, including Johnnie Walker, Smirnoff, Captain Morgan, and Guinness. Through various direct and indirect subsidiaries, Diageo maintains operations in more than 180 countries.
Diageo self-disclosed the FCPA violations following an internal investigation in order to take advantage of the leniency provisions in the FCPA. As a result, the settlement took the form of a cease-and-desist order rather than a more restrictive injunctive action, the Department of Justice did not institute additional proceedings against Diageo, and the $3 million dollar civil penalty is smaller than many much-larger penalties that have been imposed in these cases.
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