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Jun27
Foreign Corrupt Practices Act – Private Equity

The following is not meant to be legal advice.

 

On June 22, 2007, an arrest was made in a Foreign Corrupt Practices Act (FCPA) case that involved a private equity investment firm. Leo Winston Smith, formerly of Pacific Consolidated Industries LP (PCI) in Santa Ana, CA, was arrested for violating the FCPA by bribing a United Kingdom Ministry of Defence official.

 

PCI was a private manufacturer of air separation equipment for commercial and military end-users.  Private investors who acquired PCI referred suspicious payments to the Department of Justice.  PCI was acquired by private equity investment group Cherington Capital and re-named Pacific Consolidated Industries, LLC.

Smith, a sales executive, was allegedly bribing his way to a defense contract. Between 1993 and 2003, Smith offered over $300,000 in bribes to a project manager in the UK Ministry of Defence to secure equipment contracts.


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