Teva Gets Subpoena Over Foreign Bribes Probe

Yet another drugmaker has receive a subpoena in connection with a US government investigation into the possibility of foreign bribes. The latest is Teva Pharmaceuticals, which last month received a subpoena from the US Securities and Exchange Commission concerning unspecified activities in Latin America, according to a filing last week with the SEC (

see page 19 here).

In a brief description, the drugmaker says it is coopeating with the SEC and is also conducting a voluntary investigations "into certain business practices which may have FCPA implications and has engaged independent counsel to assist in its investigation. These matters are in their early stages and no conclusion can be drawn at this time as to any likely outcomes."

The FCPA, you may recall, forbids US companies from bribing foreign government officials (read here) and, over the past few years, US authorities have made clear that global drugmakers were likely targets of FCPA probes. Bristol-Myers Squibb, for instance, received a subpoena four months ago (see this). Last fall, Pfizer reached an agreement in principle with the US Department of Justice and the US Securities and Exchange Commission to pay at least $60 million resolve a foreign bribery investigation (look here).

Last year, Johnson & Johnson was fined $70 million for bribing public doctors in several European countries – and paying kickbacks to Iraq – to illegally obtain business. Specifically, various J&J units paid bribes to public doctors in Greece who chose J&J surgical implants; public doctors and hospital administrators in Poland who awarded contracts to J&J, and public doctors in Romania to prescribe J&J meds (back story).

bribe pic thx to donhankins on flickr

6 Comments

Aug 6, 2012 - 9:10am
According to the 6-K, Teva is not headquartered in the US and therefore should not be subject to the FCPA. Here is the HQ info.

5 Basel Street, P.O. Box 3190 Petach Tikva 49131 Israel (Address of principal executive offices)

Aug 6, 2012 - 10:09am
OII,Teva is still subject to FCPA. The Act covers all corporations that are listed on US stock exchanges.
Aug 6, 2012 - 10:11am
That really bites.
Aug 6, 2012 - 2:57pm
OII: both the US and the UK Anti-Bribary act have very long arms. I am waiting for that pharma company to unfortunately be the test case to see how long those arms really are....
Aug 6, 2012 - 4:41pm
FCPA is also broadly worded with respect to the definition of foreign official.

It would appear that SEC is broadening its investigation to include generic drug co.'s. Also, there have been concerns that SEC only investigates small public companies. These FCPA investigations do not support that SEC only opens investigations and brings actions against small companies.

It will be interesting to see if the FCPA investigations open the door to other investigations. Hopefully, Teva will do what Pfizer did - quickly pay and put an end to it

Aug 6, 2012 - 6:59pm
It didn't hurt the stock which closed up. Teva is a good company and largest generic mfg in the world. Watson follows.