Armor Holdings, Inc. (“Armor”), the maker of military trucks, has agreed to pay $16 million to resolve claims that it bribed a United Nations official to win contracts connected to peacekeeping missions.
In separate statements, the Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) said the company will pay $10.3 million to resolve criminal charges and $5.7 million to settle parallel civil claims.
On July 13, 2001, the SEC filed a settled civil enforcement action against Armor, alleging violations of the anti-bribery, books and records, and internal controls provisions of the Foreign Corrupt Practices Act (“FCPA”). According to the SEC’s complaint, from 2001 to 2006, certain agents of Armor participated in a bribery scheme to help a U.K. subsidiary of Armor, Armor Products International, Ltd., obtain contracts for the supply of body armor to be used in United Nations peacekeeping missions. Armor employees set up sham consulting contracts to funnel bribes to a United Nations procurement official in exchange for information about competitors’ bids. Armor derived gross revenues of approximately $7.2 million, and net profits of approximately $1.5 million, as a result of the corrupt payments.
In addition, the complaint alleged that from 2001 through June 2007, a U.S. subsidiary of Armor, Armor Holdings Products, LLC, employed a separate accounting practice that disguised in the books and records of Armor approximately $4.3 million in commissions paid to intermediaries who brokered the sale of goods to foreign governments. In violation of the FCPA, Armor Holdings Products, LLC failed to record commissions in at least 92 transactions which resulted in approximately $4.3 million of undisclosed commissions on the Armor books and records.
The DOJ’s criminal allegations were settled with a non-prosecution agreement which cited the company’s voluntary disclosure of the conduct, its internal investigation and cooperation with the DOJ and the SEC.
On July 31, 2007, Armor was acquired by BAE Systems and is currently a subsidiary of BAE.