Belgium, France and Luxembourg:

• Syncor International’s foreign subsidiaries allegedly made payments of at least $600,000 to physicians employed by state-owned hospitals in several countries, including Taiwan, Mexico, France, Luxembourg, and Belgium. The company had voluntarily disclosed that it had found evidence of the improper payments in the course of due diligence for its planned merger with Cardinal Health. Syncor International Corp. entered into a consent decree with the SEC for a cease-and-desist order and agreed to pay a $500,000 fine.See also DOJ case discussed above in item (20).Source: Report by Lucinda Low on FCPA Prosecutions, 5 May 2006 and In the Matter of Syncor Int’l Corp., SEC Administrative Proceeding Filing No. 3-10969

France, Germany, Spain and Turkey:

• The United States Department of Justice charged Micrus Corporation for paying more than US$105,000 to doctors at state-run hospitals in France, Germany, Spain and Turkey. In exchange for these payments, the hospitals purchased Micrus products.Micrus disguised the payments as stock options, honorariums, and commissions. DOJ and Micrus entered into a non-prosecution agreement in March 2005. Micrus agreed to, among other things, to pay a fine of $450,000, cooperate with the DOJ, and retain an independent compliance expert for a period of three years, in exchange for a promise from the Government that Micrus would not be prosecuted for these violations.Source: Report by Lucinda Low on FCPA Prosecutions, 5 May 2006. For more information see Micrus 10-Q (Feb. 14, 2006).

Germany:

• Bristol Myers Squibb Company’s German pharmaceutical subsidiaries, employees, and/or agents are alleged to have made improper payments in connection with contracts in Germany. On October 25, 2004, the SEC notified the Company that it is conducting an informal inquiry into the activities of certain of the Company’s German pharmaceutical subsidiaries and its employees and/or agents. The SEC’s informal inquiry encompasses matters currently under investigation by the German prosecutor in Munich, Germany. The Company’s March 2006 filing states that Bristol Myers is cooperating with the SEC and German authorities.Source: Report by Lucinda Low on FCPA Prosecutions, 5 May 2006 and Bristol Myers 10-K (Mar. 14, 2006)

Greece:

• Chiquita Banana Internatioal is alleged to have made questionable payments in connection with the settlement of a tax audit of its Greek subsidiary.Source: Report by Lucinda Low on FCPA Prosecutions, 5 May 2006 and Chiquita 424B3 (Dec. 15, 2005)
• Montedison, S.p.A.allegedly disguised hundreds of millions of dollars of payments that were used, among other things, to bribe politicians in Italy and other persons. The U.S. Securities and Exchange Commission (SEC) brought charges against the Italian company for violations of the FCPA books and records and internal control provisions, as well as anti-fraud and financial reporting provisions of the Exchange Act. Montedison settled the charges and paid a fine of $300,000
  Source: Report by Lucinda Low on FCPA Prosecutions, 5 May 2006. SEC v. Montedison, S.p.A.(Civil Action No. 1:96CV02631) (D.D.C. 2001); SEC Accounting and Auditing Enforcement Release No. 1380 (2001).
• In April 2004 an Italian judge barred German electronics group Siemens AG from conducting business relations with Italian public administration bodies for the period of one year.The decision was taken in the framework of the investigation on suspected cases of corruption involving Siemens and Italy's Enelpower, a unit of local energy group Enel.
  Later in May 2004, Siemens then reported that a judge's order banning it from dealing with Italy's state-owned firms and public bodies had been amended to apply only to gas turbines.
  Source: http://www.againstcorruption.org/CorruptionCase.asp?id=783
• In Milan, Italy in 2002 a senior executive of Vivendi was convicted of planning to bribe local politicians in the both the majority and opposition parties of Milan city council in order to win the IT£200bn tender for a wastewater treatment plant in the south of Milan, Italy. The evidence included a floppy disk containing a letter by Alain Metz in which Metz states that he has "excellent contacts" within the rightwing majority coalition (Polo delle Liberta, whose leader is media tycoon Silvio Berlusconi), and planned to pay total IT£ 4bn bribes to politicians. About IT£ 2.3bn would go to the majority parties, IT£ 300mn to the opposition and other money would reach "experts" and "mediators" whose names were not revealed.
  Source: http://www.againstcorruption.org/CorruptionCase.asp?id=721

• United Defense Industries, Inc. (“UDI”) is alleged to have made improper payments in connection with a contract with the Italian government. UDI’s April 2005 filing reports that the company is cooperating with an investigation by the SEC, though it is not aware of any violations of the FCPA.Source: Report by Lucinda Low on FCPA Prosecutions, 5 May 2006.

Lithuania:

• An employee of a medium-sized company from Hamburg, Germany was charged to have bribed a public official in Lithuania. In May 2004, the defendant was sentenced to pay a criminal fine of € 250.000.Source: Report by Dr. Michael H. Wiehen and Dr. Jan Christoph Richter on Foreign bribery Prosecutions in Germany, 2 March 2006.

Poland:

• A Civil Action was brought before the U.S. Courts against Schering-Plough Corporation. The company allegedly made payments of US$76,000 between 1999 and 2002 to a Polish charity headed by the Director of the Silesian Health Fund, in exchange for influence in the decision to purchase Schering-Plough products for the health fund. Schering-Plough settled and agreed to a cease and desist order and a civil penalty of $500,000.

  Source: Report by Lucinda Low on FCPA Prosecutions, 5 May 2006. In the Matter of Schering-Plough Corp., SEC Administrative Proceeding Filing No. 3-11517 (June 9, 2004).

Russia:

• In connection with an illegal payment in Russia to the Director General of a government-owned organization engaged in oil-field equipment sales, Daniel Ray Rothrock allegedly delivered a false invoice for $300,000 for consulting services by the government-owned organization. Rothrock allegedly knew that there were no consulting services and that the invoice would be used as a cover for the illegal payment which Rothrock’s employer, Allied Products Corporation, made in connection with the award of a Russian government contract to sell workover rigs. Rothrock agreed to plead guilty to a violation of the books and records provisions of the FCPA and was sentenced to one-year unsupervised probation and required to pay a $100 special assessment.

  Source: Report by Lucinda Low on FCPA Prosecutions, 5 May 2006. See also United States v. Daniel Ray Rothrock (No. SA01CR343OG) (W.D. Tex. 2001)

Sweden:

• In the “Boat Certificate-case” investigation started in 2002 by the Oslo police district. Charges were brought against several Norwegian citizens for active bribery of a Swedish official (Swedish maritime inspector). The suspects, including the renowned businessman Kjell Inge Røkke, who was sentenced to 120 days in jail, were convicted of corruption on 1 July 2005. The sentenced is under appeal.
  Source: Report by Jan Borgen on Foreign Bribery Prosecutions, 6 December 2005

United Kingdom:

• A case was brought in U.S. Courts against the vice president of the Central Asia American Enterprise Fund when he allegedly diverted over $600,000 from a fund established by Congress to develop the private sector in Central Asia. The scheme allegedly involved payments to a British government official. The accused pled guilty to the charges and was sentenced to a year and a day in prison, followed by three years supervised release, 200 hours of community service, a fine of $400,000, forfeiture of $142,797.95 and his yacht.
  Source: Report by Lucinda Low on FCPA Prosecutions, 5 May 2006. United States v. Pitchford (Cr. No. 02-365) (D.D.C. 2002); USAID Press Release (September 18, 2002).