On Dec. 21, 2007, in one of the rare stand-alone travel and entertainment Foreign Corrupt Practices Act (the FCPA) cases, the Securities and Exchange Commission and the Department of Justice filed and settled charges against Lucent Technologies Inc., a wholly-owned subsidiary of Alcatel-Lucent, a French company with headquarters in Paris.
Lucent was alleged to have violated the books and records and internal controls provisions of the FCPA by authorizing and failing to properly record $10 million in travel and related expenses, for approximately 1,000 Chinese foreign officials who were employees of Chinese state-owned or state-controlled telecommunications enterprises (collectively, SOE). With the exception of the Metcalf & Eddy Inc. case, the author is unaware of any other prominent FCPA enforcement action that is focused solely on travel and entertainment practices.[FOOTNOTE 1] Perhaps fittingly, with the Lucent settlement, the commission and the Justice Department closed 2007 with yet another landmark case in the FCPA enforcement area.
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