Paul Hastings, Baker McKenzie Advise as IT Giant Reaches $220M Corruption Charges Settlement
The settlement deal will see SAP pay over $220 million in penalties and disgorgement payments to the US and South African authorities.
January 16, 2024 at 06:26 AM
4 minute read
White Collar CrimeMultinational software company SAP and its subsidiaries will not be facing criminal prosecution for their alleged involvement in multiple bribery schemes, according to details of a recent settlement deal the company struck with the United States authorities.
The processes that culminated in the resolution involved lawyers from Baker McKenzie and Paul Hastings, which were engaged by SAP at different times, Law.com International gathered.
The technology company, which is listed on the New York Stock Exchange, was implicated for paying bribes to clinch deals and obtain improper business advantage in companies and state-owned firms across different countries.
"From at least December 2014 through December 2018, SAP employed third-party intermediaries and consultants in various schemes to make improper payments to government officials in order to obtain and retain business in South Africa, Greater Africa (Malawi, Kenya, Tanzania, and Ghana), and Indonesia," the U.S. Securities and Exchange Commission (SEC) stated in a court filing.
The practices uncovered violated the U.S. anti-bribery, books and records, and internal accounting controls provisions of the Foreign Corrupt Practices Act (FCPA), the agency said.
But now, the authorities will not be pressing charges as the long-running probe will end in a settlement deal that will see SAP part with over $220 million in penalties and disgorgement payments to the U.S. and South African authorities.
SAP had also entered into a three-year Deferred Prosecution Agreement (DPA) with the agencies, protecting the company and its subsidiaries from prosecution on matters relating to the bribery investigation.
The Department of Justice (DoJ), in a statement released on Thursday, said; "Pursuant to the DPA, SAP will pay a criminal penalty of $118.8 million and administrative forfeiture of $103,396,765. SAP will also continue cooperating with the department in any ongoing or future criminal investigation arising during the term of the DPA."
"In addition, the department will credit up to $55.1 million of the criminal penalty against amounts that SAP pays to resolve an investigation by law enforcement authorities in South Africa for related conduct."
Acting assistant attorney general Nicole Argentieri of the DoJ's criminal division said the resolution with SAP demonstrates how "corporate enforcement policies incentivise companies to be good corporate citizens".
SAP, in its reaction to the deal, claimed the full resolution was due to its "significant remediation efforts" and cooperation with the authorities.
"As noted in the settlement agreements, SAP conducted a thorough and extensive investigation into historical misconduct and fully cooperated with the authorities."
When the news of the bribery scandal broke in 2017, SAP engaged Baker McKenzie as an external investigator. Although the company said the investigation found no evidence of payments to government officials or private companies in South Africa, it uncovered "indications of misconduct".
Meanwhile, specifics of Baker McKenzie's involvement in the case after the 2017 investigation remain unclear and it declined comment for this story, but SAP had earlier said the law firm was in regular communication with the authorities on its behalf.
For the settlement agreement with the DoJ, Paul Hastings' partners in Washington DC; global co-chair of litigation, Kwame Manley and two others on the White Collar Defense practice, Robert Luskin and Jason Fiebig acted for SAP.
Paul Hastings spokesperson confirmed the involvement of the partners but said the firm would not comment on the case.
This is not the first time Paul Hastings has guided SAP in settlements that could have resulted in prosecution.
In 2021, the duo of Manley and Luskin acted for the company when it signed a Non-Prosecution Agreement (NPA) with the Justice Department after admitting that it violated the U.S. Export Administration Regulations and the Iranian Transactions and Sanctions Regulations.
The company, as part of the agreement, paid combined penalties of more than $8 million to the authorities and remediation costs of more than $27 million.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllSingapore Former Transport Minister Pleads Guilty to Bribery, Awaits Sentencing
Mike Lynch's Brush With Prison Taught Him Life Is Precious. Then a Yacht Accident Proved Him Right
Gibson Dunn Guides UK Takeover Panel to Issuing Toughest Ever Punishment
2 minute readLaw Firms Mentioned
Trending Stories
Who Got The Work
Dechert partners Andrew J. Levander, Angela M. Liu and Neil A. Steiner have stepped in to defend Arbor Realty Trust and certain executives in a pending securities class action. The complaint, filed July 31 in New York Eastern District Court by Levi & Korsinsky, contends that the defendants concealed a 'toxic' mobile home portfolio, vastly overstated collateral in regards to the company's loans and failed to disclose an investigation of the company by the FBI. The case, assigned to U.S. District Judge Pamela K. Chen, is 1:24-cv-05347, Martin v. Arbor Realty Trust, Inc. et al.
Who Got The Work
Arthur G. Jakoby, Ryan Feeney and Maxim M.L. Nowak from Herrick Feinstein have stepped in to defend Charles Dilluvio and Seacor Capital in a pending securities lawsuit. The complaint, filed Sept. 30 in New York Southern District Court by the Securities and Exchange Commission, accuses the defendants of using consulting agreements, attorney opinion letters and other mechanisms to skirt regulations limiting stock sales by affiliate companies and allowing the defendants to unlawfully profit from sales of Enzolytics stock. The case, assigned to U.S. District Judge Andrew L. Carter Jr., is 1:24-cv-07362, Securities and Exchange Commission v. Zhabilov et al.
Who Got The Work
Clark Hill members Vincent Roskovensky and Kevin B. Watson have entered appearances for Architectural Steel and Associated Products in a pending environmental lawsuit. The complaint, filed Aug. 27 in Pennsylvania Eastern District Court by Brodsky & Smith on behalf of Hung Trinh, accuses the defendant of discharging polluted stormwater from its steel facility without a permit in violation of the Clean Water Act. The case, assigned to U.S. District Judge Gerald J. Pappert, is 2:24-cv-04490, Trinh v. Architectural Steel And Associated Products, Inc.
Who Got The Work
Michael R. Yellin of Cole Schotz has entered an appearance for S2 d/b/a the Shoe Surgeon, Dominic Chambrone a/k/a Dominic Ciambrone and other defendants in a pending trademark infringement lawsuit. The case, filed July 15 in New York Southern District Court by DLA Piper on behalf of Nike, seeks to enjoin Ciambrone and the other defendants in their attempts to build an 'entire multifaceted' retail empire through their unauthorized use of Nike’s trademark rights. The case, assigned to U.S. District Judge Naomi Reice Buchwald, is 1:24-cv-05307, Nike Inc. v. S2, Inc. et al.
Who Got The Work
Sullivan & Cromwell partner Adam S. Paris has entered an appearance for Orthofix Medical in a pending securities class action arising from a proposed acquisition of SeaSpine by Orthofix. The suit, filed Sept. 6 in California Southern District Court, by Girard Sharp and the Hall Firm, contends that the offering materials and related oral communications contained untrue statements of material fact. According to the complaint, the defendants made a series of misrepresentations about Orthofix’s disclosure controls and internal controls over financial reporting and ethical compliance. The case, assigned to U.S. District Judge Linda Lopez, is 3:24-cv-01593, O'Hara v. Orthofix Medical Inc. et al.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250