Aruzhan Kazbek 20141337 Chingiz Sapargaliyev 20141566 Diana Mergen 20132776 Vyacheslav Tigay 20140881 Introduction The company was established in 2008. Headquarters are located in Leuven, Belgium. Revenues for 2016 45 billion $. Beer industry market share 28%. Brand Portfolio SEC description 28thSeptember 2016 Security and Exchange Commission announced that Anheuser-Busch agreed to pay more than 6 million $ to settle charges for violation of main FCPA principles. Timeframe In 2009 and 2011 internal employee of Indian branch reported to managers about illegal payments to government officials. No corrective actions took place. In 2012, Indian branch signed separation agreement with employee. In 2013, whistleblower continued to contact with SEC. In the end of the year he was fired. The investigation has ended in September, 2016. 5 main violations of the case:
1) Failure of Due Care.
Due care principle requires excellence, competence, supervision and diligence, thus discharging responsibilities properly. 2) Failure of accounting records.
The company has failed to execute
written contracts with promoters. The payments to government officials were not recorded correctly and were part of legitimate expenses. 3) Failure to respond.
After the whistleblowers
allegations and internal audit findings, company took no corrective action to timely and correctly respond on them and fix these problems. 4) Failure to cooperate.
The company did not disclosed
whistleblowers complains initially, and then did not respond to SECs allegations and requirements, which delayed the investigation process. 5) Failure of whistleblower protection program.
The threat of financial
punishment for whistleblower contact with SEC is clearly unacceptable. The whistleblower was fired in 2013 without explanation. The financial and non-financial costs
The total payment of 6 million $ includes:
2.7$ million of disgorgement payment 292000$ of interest 3$ million of penalty fees No information about whistleblower reward. No imprisonments or other legal actions were introduced. What about reputation and ethics? Thank you for your attention!