Maxwell Technologies Settles FCPA ChargesFebruary 02, 2011 by Jeff Shepard
Maxwell Technologies, Inc. announced that it has reached settlements with the U.S. Securities and Exchange Commission (SEC) and the U.S. Department of Justice (DOJ) with respect to charges asserted by the SEC and DOJ relating to the anti-bribery, books and records, internal controls, and disclosure provisions of the Foreign Corrupt Practices Act (FCPA) and other securities law violations.
The company settled civil charges with the SEC, agreeing to an injunction against further violations of the FCPA. Under the terms of the settlement with the SEC, the company will pay a total of $6.35 million in profit disgorgement and prejudgment interest in two installments, with $3.175 million payable immediately and the remaining $3.175 million payable in the first quarter of 2012.
Under the terms of the settlement with the DOJ, the company will pay a total of $8.0 million in penalties in three installments, with $3.5 million payable immediately and $2.25 million payable in the first quarters of 2012 and 2013. As part of the settlement, the company entered into a three-year deferred prosecution agreement (DPA) with the DOJ. If the Company remains in compliance with the terms of the DPA, at the conclusion of the term, the charges against the Company will be dismissed with prejudice.
Further, under the terms of the agreements, the company will periodically report to the SEC and DOJ on its internal compliance program concerning anti-bribery. The amounts to be paid in connection with these settlements had been fully accrued by the company as of September 30, 2010.