On June 21, the SEC and DOJ announced a nearly $15 million settlement with Massachusetts-based imaging company Analogic Corp. and its wholly-owned Danish subsidiary, BK Medical ApS, to resolve parallel civil and criminal actions involving FCPA violations. The SEC alleged that, from at least 2001 through early 2011, BK Medical ApS paid about $20 million to third parties in hundreds of sham transactions with distributors in Russia and shell companies in Belize, the British Virgin Islands, Cyprus, and Seychelles. The sham transactions involved fictitious inflated invoices to the distributors with the over-payments going to third parties identified by the distributors. BK Medical did not have a relationship with the third parties and did not know if the payments had any business purpose for the distributors.
The settlement is consistent with the settlement offer that Analogic disclosed last December, and it reflects Analogic’s agreement to pay $7.67 million in disgorgement and $3.8 million in prejudgment interest to resolve the SEC’s books and records and internal controls charges, and BK Medical’s agreement to pay $3.4 million in criminal fines in a non-prosecution agreement with the DOJ. BK Medical’s former CFO also settled with the SEC, agreeing to pay a $20,000 penalty to settle allegations that he knowingly circumvented internal controls and falsified BK Medical’s books and records.