康宝莱储备1.23亿美元和解中国《反海外腐败法》
2020年5月8日
位于洛杉矶的康宝莱有限公司
已预留1.23亿美元来解决FCPA违规行为，
继去年两名公司高管被起诉后
在中国官员的娱乐和礼品上花费了2500万美元。
在向SEC提交的10-Q文件中
星期四由FCPA Tracker首先发布，
康宝莱说
对于与SEC和DOJ达成和解的实质条款，它已达到“原则上的理解”。
With the SEC, Herbalife
said it would enter into an administrative resolution involving alleged violations of the books and records and internal controls provisions of the FCPA.
The company
would separately enter into a three-year deferred prosecution agreement with DOJ,
for a conspiracy to violate the FCPA’s books and records provisions.
Herbalife
— which sells dietary supplements through multi-level marketing —
said aggregate penalties, disgorgement, and prejudgment interest would be around $123 million.
In November 2019,
the DOJ charged two former Herbalife executives with bribing Chinese officials for ten years and covering it up by lying to the SEC and destroying evidence.
Jerry Li, 51, a Chinese citizen,
was the former head and managing director of Herbalife’s China subsidiary.
The DOJ
charged him with one count of conspiracy to violate the FCPA’s internal controls provisions, one count of perjury, and one count of destruction of records in federal investigations.
Mary Yang, 51, also Chinese,
formerly ran the external affairs department of Herbalife’s China subsidiary.
She was charged with one count of conspiracy to violate the FCPA’s internal controls provisions.
A criminal indictment
filed in New York City alleged that Yang and others bribed Chinese officials to obtain licenses for Herbalife.
Bribes were also intended
to stop Chinese government investigations into Herbalife’s operations in China and suppress negative coverage of the company by Chinese state-owned media outlets.
The company first disclosed the FCPA investigation in January 2017, according to data from FCPA Tracker.
The FCPA Blog
https://fcpablog.com/2020/05/08/herbalife-reserves-123-million-to-settle-china-fcpa-investigation/