SEC Release
SEC Release
SEC Release
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Litigation <strong>Release</strong> No. 21922 / April 8, 2011<br />
Accounting and Auditing Enforcement <strong>Release</strong> No. 3261 / April 8, 2011<br />
Securities and Exchange Commission v. Johnson & Johnson, Civil Action No. 1: 11-CV-00686<br />
(D.D.C.) (E.F.H.) (filed April 8, 2011)<br />
Johnson & Johnson to Pay More Than $70 Million In<br />
Settled FCPA Enforcement Action<br />
The Securities and Exchange Commission today announced a settlement with Johnson and<br />
Johnson (“J&J”) to resolve <strong>SEC</strong> charges that the New Brunswick, NJ-based global pharmaceutical,<br />
consumer product, and medical device company violated the Foreign Corrupt Practices Act<br />
(FCPA) by bribing public doctors in several European countries and paying kickbacks to Iraq to<br />
illegally obtain business.<br />
The <strong>SEC</strong> alleges that, since at least 1998, J&J’s subsidiaries paid bribes to public doctors in<br />
Greece who selected J&J surgical implants, paid bribes to public doctors and hospital<br />
administrators in Poland who awarded tenders to J&J, and paid bribes to public doctors in<br />
Romania to prescribe J&J pharmaceutical products. J&J also paid kickbacks to Iraq in order to<br />
obtain contracts under the United Nations Oil for Food Program (“Program”).<br />
J&J has agreed to pay more than $48.6 million in disgorgement and prejudgment interest to<br />
settle the <strong>SEC</strong>’s charges and to pay a $21.4 million fine to the U.S. Department of Justice to<br />
settle criminal charges. A resolution of a related investigation by the United Kingdom Serious<br />
Fraud Office is anticipated.<br />
The <strong>SEC</strong>’s complaint alleges that J&J subsidiaries, employees, and agents paid bribes to public<br />
doctors and administrators in Greece, Poland, and Romania. Doctors who ordered or prescribed<br />
J&J products were rewarded in a variety of ways, including cash and inappropriate travel. A<br />
variety of schemes were used to carry-out the bribery, including the use of slush funds, sham civil<br />
contracts with doctors, and off-shore companies in the Isle of Man. A J&J executive was involved<br />
in the Greek conduct, and MD&D Poland executives running three business lines oversaw the<br />
creation of sham contracts, travel documents, and the creation of slush funds in Poland. The<br />
<strong>SEC</strong>’s complaint also alleges that J&J’s agent paid secret kickbacks to Iraq to obtain nineteen Oil<br />
for Food contracts.<br />
Without admitting or denying the <strong>SEC</strong>’s allegations, J&J has consented to the entry of a court<br />
order permanently enjoining it from future violations of Sections 30A, 13(b)(2)(A), and 13(b)(2)(B)<br />
of the Securities Exchange Act of 1934; ordering it to pay $38,227,826 in disgorgement and<br />
$10,438,490 in prejudgment interest; and ordering it to comply with certain undertakings<br />
regarding its FCPA compliance program.<br />
J&J voluntarily disclosed some of the violations by its employees, and conducted a thorough<br />
internal investigation to determine the scope of the bribery and other violations, including<br />
proactive investigations in more than a dozen countries by both its internal auditors and outside<br />
counsel. J&J’s internal investigation and its ongoing compliance programs were essential in<br />
gathering facts regarding the full extent of J&J’s FCPA violations.<br />
Kelly G. Kilroy and Tracy L. Price of the Enforcement Division’s FCPA Unit and Brent S. Mitchell<br />
and Reid A. Muoio conducted the <strong>SEC</strong>’s investigation. The <strong>SEC</strong> acknowledges the assistance of
the U.S. Department of Justice, Fraud Section; the Federal Bureau of Investigation; the Serious<br />
Fraud Office in the United Kingdom; and 5 th Investigation Department of the Regional<br />
Prosecutor’s Office in Radom, Poland. The <strong>SEC</strong>'s investigation is continuing.<br />
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