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FCPA Blog Daily News

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Monday
Aug052013

DOJ declination for Owens-Illinois 

Photo courtesy of Owens-Illinois (http://www.o-i.com/Why-Glass/)Glass-maker Owens-Illinois Group Inc. said that following its internal investigation into possible FCPA anti-bribery and books and records violations and voluntary disclosure to the feds, the DOJ won't bring an enforcement action.

In its quarterly filing, the Ohio-based company said it can't predict if the SEC will take action or what civil sanctions it might impose.

Owens-Illinois said it could also face investigations and enforcement outside the United States.

It received word in mid July from the DOJ that the agency doesn't intend to pursue criminal enforcement and is ‘closing its inquiry into the matter.’

Owens-Illinois hasn't said where the violations may have occurred or the amounts of money involved.

The company has joint ventures in China, Italy, Malaysia, and Vietnam. It has 22,000 employees and does business in 86 countries.

It self reported the investigation to the DOJ and SEC in October 2012.

Owens-Illinois Group Inc. trades on the NYSE under the symbol OI.

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Here's the full FCPA disclosure from Owens-Illinois' Form 10-Q filed with the SEC on July 25, 2013:

The Company conducted an internal investigation into conduct in certain of its overseas operations that may have violated the anti-bribery provisions of the United States Foreign Corrupt Practices Act (the “FCPA”), the FCPA’s books and records and internal controls provisions, the Company’s own internal policies, and various local laws. In October 2012, the Company voluntarily disclosed these matters to the U.S. Department of Justice (the “DOJ”) and the Securities and Exchange Commission (the “SEC”). The Company intends to cooperate with any investigation by U.S. authorities.

On July 18, 2013, the Company received a letter from the  DOJ indicating that it presently did not intend to take any enforcement action and is closing its inquiry into the matter.

The Company is presently unable to predict the duration, scope or result of any investigation by the SEC or whether the SEC will commence any legal action. The SEC has a broad range of civil sanctions under the FCPA and other laws and regulations including, but not limited to, injunctive relief, disgorgement, penalties, and modifications to business practices. The Company could also be subject to investigation and sanctions outside the United States. While the Company is currently unable to quantify the impact of any potential sanctions or remedial measures, it does not expect such actions will have a material adverse effect on the Company’s liquidity, results of operations or financial condition.

 Richard L. Cassin is the Publisher and Editor of the FCPA Blog. He can be contacted here.