Coalition Councillors of the Regional Democratic Council (RDC) of Region Five (Mahaica-Berbice) have threatened to shut down the RDC for the rest of the year. The threat came as the Council met on Thursday.The residents of Region Five were given a holiday present in December when the RDC met on December 21, 2017. The coalition side of the Council promised they would be put first in 2018 and as such, they will participate in the RDC meetings but that promise might have only been short-lived for one meeting.Argument broke out at conclusion at Region Five RDC meetingThe threat was made at the end of the meeting and the Chairman was asked to reconvene the meeting. After stating that it had ended, some of the Councillors stated that he will not have a chance to close another meeting with them again and reminded him of what was done in 2016 and 2017.Prior to that, the meeting could have been considered fruitful with several recommendations being made and the REO being instructed to implement them while several issues were debated.The coalition claimed that the Chairman, Vickchand Ramphal, concluded the meeting abruptly and without giving some Councillors a chance to address an issue.In both 2016 and 2017, the coalition refused to sit in most of the meetings.Between January and July 2016, the coalition Councillors refused to sit at the meetings demanding an apology from the Chairman for not attending a function in the region at which President Granger was the guest of honour. In was until the President addressed the issue in August of that year stating that he did not want an apology that the coalition Councillors returned to the table.In May 2017, they walked out after the Regional Executive Officer, Ovid Morrison, demanded an apology from the Chairman saying his creditability was at stake when Ramphal called for an investigation into allegations that two NDC officials had used an NDIA machine to carry out personal work. Morrison said he saw the machine being used and is of the opinion that since he stated that he saw the machine carrying out personal work, no investigation is needed and to call for an investigation is an insult to his integrity.However, in December last, the Council assured residents that in 2018, the Council would put the development of the region first.Meanwhile, during Thursday’s meeting, Councillor Gloria Wolf noted that in 2017, Ramphal did not attend the function when President Granger visited the region to commission two David ‘G’ busses in December of 2016. She said last week the President was in the region again to commission another bus and the Regional Chairman did not attend the function. In fact, he picketed the President. The Councillor asked for an explanation.According to Ramphal, he was not officially informed of the President’s visit. (Andrew Carmichael)
I am thankful for your readership and hope FCPA Professor elevates your FCPA knowledge and skills.The following FCPA enforcement actions have involved, in whole or in part, alleged business conduct in Turkey.May your turkey be golden brown.Smith & Wesson (2014)In July 2014, Smith & Wesson agreed to resolve an SEC administrative order finding violations of the FCPA’s anti-bribery provisions, books and records provisions and internal controls provisions. The SEC’s findings included business conduct in Pakistan, Indonesia, Turkey, Nepal and Bangladesh.As to Turkey, the SEC’s order states: “Similarly, Smith &Wesson made improper payments in 2009 to its third party agent in Turkey, who indicated that part of the payments would be provided to Turkish officials in an attempt to secure two deals in Turkey for sale of handcuffs to Turkish police and firearms to the Turkish military. Neither of these interactions resulted in the shipment of products, as Smith & Wesson was unsuccessful bidding for the first deal, while the latter deal was ultimately canceled.”Without admitting or denying the SEC’s findings, Smith & Wesson agreed to pay approximately $2.0 million. (See here).Tyco International (2012)In September 2012, Tyco International agreed to resolve a wide-ranging DOJ/SEC enforcement action regarding alleged conduct in the following countries: China, India, Thailand, Laos, Indonesia, Bosnia, Croatia, Serbia, Slovenia, Slovakia, Iran, Saudia Arabia, Libya, Syria, the United Arab Emirates, Mauritania, Congo, Niger, Madagascar, and Turkey.As to Turkey, the enforcement action stated as follows. The products of a division of an indirect subsidiary of Tyco “were sold through a sales representative to government entities in Turkey. The sales representatives sold the SigInt equipment in Turkey at an approximately twelve to forty percent mark-up over the price at which he purchased the equipment from M/A-Com and also received a commission on one of the sales. The sales representative transferred part of his commission and part of his mark-up to a government official in Turkey to obtain orders. In connection with these improper transactions, M/A-Com earned approximately $71,770 in gross proft.” The SEC’s complaint cites an internal e-mail which stated: “hell, everyone knows you have to bribe somebody to do business in Turkey.”Total fines and penalties in the enforcement action were approximately $26.8 million (approximately $13.7 million in the DOJ enforcement action and approximately $13.1 million in the SEC enforcement action). (See here).Daimler AG (2010)In March 2010, Damiler AG agreed to settle a wide-ranging FCPA enforcement action alleging that “between 1998 and January 2008, Daimler made hundreds of improper payments worth tens of milions of dollars to foreign officials in at least 22 countries – including China, Croatia, Egypt, Greece, Hungary, Indonesia, Iraq, Ivory Coast, Latvia, Nigeria, Russia, Serbia and Montenegro, Thailand, Turkey, Turkmenistan, Uzbekistan, Vietnam, and others – to assist in securing contracts with government customers for the purchase of Daimler vehicles valued at hundreds of milions of dollars.”As to Turkey, the criminal information (here) charges that Daimler’s Corporate Audit Department “discovered three binders located in a safe at MB Turk’s [a Daimler subsidiary in Turkey] offices in Istabul” that, along with other evidence, demonstrated that “MB Turk made approximately €6.05 million in payments to third parties in connection with vehicle export transactions that involved the sale of vehicles to non-Turkish government customers in North Korea, Latvia, Bulgaria, Libya, Romania, Russia, Saudi Arabia, Yemen, and other countries in deals with revenues of approximately €95 million.” According to the information, at least €3.88 million of the €6.05 million comprised of “improper payments and gifts […] paid to foreign government officials or to third parties with the understanding that the payments and gifts would be passed on, in whole or in part, to foreign government officials to assist in securing the sale of Daimler vehicles to government customers.”Daimler agreed to pay $185 million in combined DOJ and SEC fines and penalties (see here).York International Corp. (2007)In October 2007, York International Corporation (York), a global provider of heating, ventilation, air conditioning, and refrigeration products and services, agreed to pay approximately $22 million in combined fines and penalties to settle DOJ and SEC enforcement actions principally relating to improper payments made by various subsidiaries to the Iraqi government under the United Nations Oil-for-Food Program. The enforcement action also involved certain other improper payments made in connection with government projects in Bahrain, Egypt, India, Turkey and the United Arab Emirates. (see here).Delta & Pine Land Co. (2007)In July 2007, the SEC announced a settled FCPA enforcement action against Delta & Pine Land Company, a Mississippi-based cottonseed company, and its subsidiary, Turk Deltapine, Inc. According to the SEC, between 2001 – 2006, Turk Deltapine made payments of approximately $43,000 to officials of the Turkish Ministry of Agricultural and Rural Affairs in order to obtain various governmental reports and certifications that were necessary for Turk Deltapine to obtain, retain and operate its business in Turkey. Per the complaint, the improper payments were discovered by Delta & Pine, but instead of halting the payments, the payments continued via a third party supplier and pursuant to an inflated invoice scheme. Based on the above conduct, Delta & Pine and Turk Deltapine jointly agreed to pay a $300,000 civil penalty and engage an independent compliance consultant. (see here and here).Micrus Corp. (2005)In March 2005, Micrus Corporation, a privately-held California medical device manufacturer, agreed to a two year non-prosecution agreement with the DOJ to resolve its FCPA liability in connection with over $100,000 in payments (disguised in the company’s books and records as stock options, honorariums and commissions) to physicians employed at publicly owned and operated hospitals in France, Turkey, Spain, and Germany.(see here) and here).