Albemarle FCPA Probe Inches Closer To Resolution

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Chemical company Albemarle disclosed in a recent regulatory filing that it has “commenced discussions” with both the Securities and Exchange Commission (SEC) and the Department of Justice (DOJ) concerning the potential resolution of an investigation that began more than four years ago into potential violations of the Foreign Corrupt Practices Act (FCPA).

The discussions with U.S. enforcement authorities, as well as Dutch enforcement authorities, are the result of a report received in 2018 “regarding potential improper payments being made by third-party sales representatives” of Albemarle’s refining solutions business, within its Catalysts segment.

In a regulatory filing last year, Albemarle mentioned that it “promptly retained outside counsel and forensic accountants” to investigate potential violations of the company’s Code of Conduct, the FCPA, and other applicable anti-corruption laws. The company further stated it “voluntarily self-reported” the potential issues to the Department of Justice, SEC, and the Dutch Public Prosecutor (DPP) and was cooperating with these agencies in their investigation of the allegations.

Last year’s regulatory filing mentioned the company was in discussion only with the SEC regarding the matter but did not mention any other agencies. In its Aug. 3 quarterly filing, however, Albemarle said it has now “commenced discussions” with not only the SEC, but the Justice Department as well.

Albemarle stated in the quarterly filing that it’s unable to predict at this time “the duration, scope, result, or related costs associated with the investigations,” as well as what enforcement action or penalties may result. The company did note, however, “In connection with our internal investigation, we have implemented, and are continuing to implement, appropriate remedial measures.”  end slug


Jaclyn Jaeger is a contributing editor at Compliance Chief 360° and a freelance business writer based in Manchester, New Hampshire.

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