GRI

Enforcement & Sanctions Weekly Digest: 9 – 13 September 2024

Read Anti-bribery & corruption
Date: 16th Sep, 2024 Source: Akshaya Bala | In-house team Country: Argentina

Brief

Introduction 

Stay updated on recent enforcement actions and sanctions around the G-20 nations with our weekly digest.

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Key Enforcement Actions:

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Argentina:

Date: 12 September 2024

  • Authority: National Commission for the Defense of Competition (CNDC)
    • Summary: The Federal Court confirmed a CNDC order suspending Visa’s territorial exclusivity clauses amid an ongoing investigation into anti-competitive conduct.
    • Impact: Visa must halt practices that restrict cross-border transaction processing, affecting its business agreements with acquirers and merchants.
    • Action Required: Visa must comply with the suspension of territorial exclusivity clauses and adjust its policies to avoid limiting cross-border transactions.
    • Read More: https://www.argentina.gob.ar/noticias/la-camara-federal-confirmo-la-medida-de-tutela-anticipada-impuesta-sobre-visa

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Brazil:

Date: 11 September 2024

Date: 10 September 2024

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China:

Date: 12 September 2024

  • Authority: National Supervisory Commission
    • Summary: Shanxi’s Commission for Discipline Inspection reported five officials for violations of the central government’s eight regulations, including accepting banquets, gifts, and cash inappropriately.
    • Impact: These violations reflect corruption within government ranks, leading to the expulsion of officials and legal action, reinforcing a strict anti-corruption stance.
    • Action Required: Continued monitoring and enforcement of discipline, with public officials being held accountable and transferred for prosecution where necessary.
    • Read More: https://www.ccdi.gov.cn/yaowenn/202409/t20240912_374934.html

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European Union:

Date: 12 September 2024

  • Authority: European Commission
    • Summary: The European Commission opened an in-depth investigation into whether the 2014 sale of the Nürburgring racetrack to Capricorn complied with EU State aid rules, following a Court of Justice annulment of the initial decision.
    • Impact: The investigation may result in legal and financial consequences for Capricorn and Germany, potentially affecting the sale terms and State aid regulations.
    • Action Required: Germany and third parties can submit comments during the investigation; the Commission will assess the transparency and fairness of the tender process.
    • Read More: https://ec.europa.eu/commission/presscorner/detail/en/IP_24_4644

Date: 11 September 2024

  • Authority: Eurojust
    • Summary: The Eurojust-supported joint investigation team (JIT) expanded its investigations into crimes of torture, ill-treatment, and filtration in Ukraine, amending its agreement to enhance collaboration.
    • Impact: The amendment strengthens the JIT’s ability to gather and exchange evidence on Russian war crimes, advancing legal accountability efforts.
    • Action Required: Continued cooperation between JIT members, the ICC, and Europol; member states should contribute evidence and support prosecution efforts.
    • Read More: https://www.eurojust.europa.eu/news/joint-investigation-team-enhances-investigations-crimes-torture-ill-treatment-and-filtration

Date: 9 September 2024

  • Authority: European Commission
    • Summary: The European Commission ordered Germany to recover around €14 million in State aid from Frankfurt-Hahn airport and Ryanair after finding that certain public funding measures were incompatible with EU State aid rules.
    • Impact: Germany must recover the aid to restore competitive balance in the internal market. Ryanair and Frankfurt-Hahn airport will lose the financial advantages gained through these measures.
    • Action Required: Germany must proceed with the recovery of the aid plus interest from the involved parties to comply with EU State aid regulations.
    • Read More: https://ec.europa.eu/commission/presscorner/detail/en/IP_24_4588

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France:

Date: 12 September 2024

  • Authority: National Commission for Information Technology and Civil Liberties (CNIL)
    • Summary: The CNIL fined the CEGEDIM SANTÉ €800,000 for unauthorized processing of pseudonymous health data.
    • Impact: The company faces penalties for serious data breaches involving sensitive health information, raising privacy concerns.
    • Action Required: CEGEDIM SANTÉ must ensure compliance with data protection laws and cease unauthorized data processing.
    • Read More: https://www.economie.gouv.fr/dgccrf/requisition-numerique-blocage-du-site-rivierabudgetcom-0

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Germany:

Date: 12 September 2024

  • Authority: Federal Financial Supervisory Authority (BaFin)
  • Authority: Federal Cartel Office
    • Summary: The Federal Cartel Office closed its proceedings against Bosch concerning alleged abuse of market dominance related to e-bike ABS providers, following Bosch’s commitments to the Italian competition authority to provide access to its e-bike systems.
    • Impact: Bosch’s commitment mitigates concerns about market abuse in Germany, with no immediate risks identified.
    • Action Required: Monitor Bosch’s compliance with its commitments to ensure continued fair access for e-bike ABS providers.
    • Read More: https://www.bundeskartellamt.de/SharedDocs/Meldung/DE/Pressemitteilungen/2024/12_09_2024_Bosch.html

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India:

Date: 13 September 2024

  • Authority: Reserve Bank of India (RBI)
    • Summary: The RBI imposed a monetary penalty of ₹7,90,000 on Muthoot Vehicle & Asset Finance Limited for non-compliance with liquidity risk management, data submission to credit information companies, and communication of loan terms to borrowers.
    • Impact: The penalty highlights regulatory deficiencies in the company’s operations, potentially affecting its reputation and compliance record. Future sanctions may be initiated by the RBI.
    • Action Required: Muthoot Vehicle & Asset Finance must enhance compliance with RBI’s liquidity risk management guidelines, improve data reporting processes, and ensure clear communication of loan terms to borrowers in their vernacular language.
    • Read More: https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx?prid=58706
  • Authority: Reserve Bank of India (RBI)
    • Summary: The RBI imposed a penalty of ₹23,10,000 on SMFG India Credit Company Limited for non-compliance with IT framework and cybersecurity measures.
    • Impact: The company faces financial and reputational risk due to lapses in cybersecurity practices and vendor oversight.
    • Action Required: Improve IT security audits, vendor management, and monitoring systems to comply with RBI’s cybersecurity guidelines.
    • Read More: https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx?prid=58708

Date: 10 September 2024

  • Authority: Reserve Bank of India (RBI)
    • Summary: The RBI fined Axis Bank ₹1.91 crore for violations of the Banking Regulation Act, including issues with deposit interest rates, KYC compliance, and collateral for agricultural loans.
    • Impact: The penalty reflects Axis Bank’s non-compliance with regulatory requirements and may affect its operational practices and reputation.
    • Action Required: Axis Bank must address the identified regulatory deficiencies and ensure future compliance with RBI directives and statutory provisions.
    • Read More: https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx?prid=58676

Date: 9 September 2024

  • Authority: Reserve Bank of India (RBI)
    • Summary: The RBI imposed a ₹1.50 lakh fine on Jila Sahakari Kendriya Bank Maryadit for failing to transfer eligible amounts to the Depositor Education and Awareness Fund as required by the Banking Regulation Act.
    • Impact: The penalty highlights deficiencies in the bank’s regulatory compliance and may affect its operational practices.
    • Action Required: Jila Sahakari Kendriya Bank Maryadit must ensure timely transfers to the Depositor Education and Awareness Fund and comply with all relevant regulatory requirements.
    • Read More: https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx?prid=58666
  • Authority: Reserve Bank of India (RBI)
    • Summary: The RBI fined Samarth Sahakari Bank Limited ₹4.50 lakh for breaching provisions of the Banking Regulation Act and RBI directives, including issues with capital adequacy, loan limits, and deposit interest rates.
    • Impact: The penalty reflects significant regulatory non-compliance and could influence the bank’s operational policies and practices.
    • Action Required: Samarth Sahakari Bank Limited must address the regulatory breaches, including compliance with capital adequacy requirements and operational instructions.
    • Read More: https://www.rbi.org.in/Scripts/BS_PressReleaseDisplay.aspx?prid=58667

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Japan:

Date: 11 September 2024

  • Authority: Personal Information Protection Commission (PIPC)
    • Summary: The PIPC addressed the unauthorized data breach involving NTT Marketing Act ProCX and its partner NTT Business Solutions. Approximately 9.28 million personal records were illicitly accessed and sold by a former employee.
    • Impact: The breach highlights significant failures in data protection and security, leading to a public warning and required corrective actions for involved parties.
    • Action Required: NTT Marketing Act ProCX and NTT Business Solutions must implement improved data protection measures, address the deficiencies identified, and ensure such breaches do not recur.
    • Read More: https://www.ppc.go.jp/news/press/2024/240911_houdou/

Date: 10 September 2024

  • Authority: Securities and Exchange Surveillance Commission (SESC)
    • Summary: The SESC recommended administrative monetary penalties for Sakai Holdings Co., Ltd. and Sanwa Corporation for failing to submit large shareholding reports and making false statements in amendment reports.
    • Impact: The penalties highlight non-compliance with disclosure regulations, emphasizing the importance of accurate and timely reporting in maintaining market integrity.
    • Action Required: Sakai Holdings and Sanwa must pay the recommended penalties and enhance their compliance practices to prevent future violations.
    • Read More: https://www.fsa.go.jp/sesc/news/c_2024/2024/20240910-1.html

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Russia:

Date: 12 September 2024

  • Authority: Prosecutor General’s Office 
    • Summary: The Prosecutor General’s Office of Russia, led by Igor Krasnov, has conducted extensive inspections and enforcement actions to protect the Baikal Natural Territory, uncovering 8,000 violations, resulting in 1,700 submissions, 700 lawsuits, and significant environmental improvements.
    • Impact: The enforcement actions have led to significant reductions in illegal activities, improved environmental protection, and enhanced infrastructure for wastewater treatment, benefiting Lake Baikal’s ecosystem and surrounding communities.
    • Action Required: Continued vigilance and enforcement are needed to ensure ongoing compliance with environmental laws and to address any remaining violations.
    • Read More: https://epp.genproc.gov.ru/web/gprf/mass-media/news?item=97879116

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South Korea:

Date: 12 September 2024

  • Authority: Financial Services Commission (FSC)
    • Summary: The Securities and Futures Commission, at its 16th meeting, decided to designate an auditor for Securetter Co., Ltd. due to violations of accounting standards in their financial statements.
    • Impact: The designation of an auditor aims to ensure compliance with accounting standards and restore the accuracy and reliability of financial reporting by Securetter Co., Ltd.
    • Action Required: Securetter Co., Ltd. must cooperate with the designated auditor to rectify accounting violations and ensure future compliance with financial reporting standards.
    • Read More: https://www.fsc.go.kr/no010101/83067?srchCtgry=&curPage=&srchKey=&srchText=&srchBeginDt=&srchEndDt=

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Turkey:

Date: 10 September 2024

  • Authority: Turkish Competition Authority
    • Summary: The Competition Board of Türkiye decided to open an investigation into multiple companies and individuals operating in the elevator maintenance and repair sector. This follows a preliminary inquiry that indicated potential violations of Article 4 of Act No. 4054 on the Protection of Competition.
    • Impact: The investigation aims to determine if there have been anti-competitive practices in the elevator maintenance and repair market, which could lead to legal actions or sanctions if violations are confirmed.
    • Action Required: The listed companies and individuals must cooperate with the investigation and provide necessary documentation and information as required by the Competition Board.
    • Read More: https://www.rekabet.gov.tr/en/Guncel/investigation-launched-on-undertakings-o-ae2bc4c8b66eef1193cf0050568585c9

Date: 9 September 2024

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United Kingdom

Date: 12 September 2024

  • Authority: Information Commissioner’s Office (ICO)
  • Authority: Crown Prosecution Service (CPS)
    • Summary: Layton Davies, convicted in 2019 for stealing and selling Viking treasure, was sentenced to an additional five years in prison for failing to repay £603,180 from the sale under a Confiscation Order.
    • Impact: Davies’ failure to repay the stolen funds results in extended imprisonment, highlighting the CPS’s commitment to ensuring criminals do not benefit from their crimes.
    • Action Required: Davies must repay the confiscated amount or face further legal consequences; the case emphasizes the CPS’s role in recovering criminal proceeds and compensating victims.
    • Read More: https://www.cps.gov.uk/cps/news/treasure-thief-sentenced-five-more-years-jail-failing-pay-back-over-ps600000-criminal
  • Authority: National Crime Agency (NCA)
    • Summary: A 17-year-old was arrested in Walsall by the National Crime Agency in connection with the cyber attack on Transport for London (TfL) on September 1. 
    • Impact: The arrest highlights the ongoing efforts of the NCA and partners to address cybercrime, particularly targeting public infrastructure disruptions and aiming to mitigate future risks.roprietor due to the absence of a completed cost pro forma.
    • Action Required: Continued investigation by the NCA and collaboration with TfL to address the cyber attack and prevent further incidents; public awareness of legal cyber activities and reporting mechanisms is encouraged.
    • Read More: https://www.nationalcrimeagency.gov.uk/news/arrest-made-in-nca-investigation-into-transport-for-london-cyber-attack

Date: 11 September 2024

  • Authority: Intellectual Property Office (IPO)
    • Summary: The application for invalidation of Registered Design No. 4024648, filed by William Benton, was unsuccessful. The challenge was based on claims that the design lacked novelty and individual character. Benton failed to provide sufficient evidence of prior art to support his claim. 
    • Impact: The registered design remains valid, reinforcing the protection of the design under the Registered Designs Act 1949.
    • Action Required: No further action is required from the registered proprietor. Benton’s application for invalidation was dismissed due to insufficient evidence.
    • Read More: https://www.gov.uk/government/publications/design-hearing-decision-o087524

Date: 10 September 2024

  • Authority: Financial Conduct Authority (FCA)
    • Summary: The FCA charged Olumide Osunkoya for operating illegal crypto ATMs, processing £2.6 million in transactions without FCA registration, marking the FCA’s first prosecution under the MLRs for unregistered crypto activity.
    • Impact: This prosecution highlights the FCA’s enforcement against unregistered crypto activities and aims to deter illegal crypto ATM operations in the UK.
    • Action Required: Individuals should avoid using unregistered crypto ATMs to prevent involvement in illicit activities and ensure compliance with FCA regulations.
    • Read More: https://www.fca.org.uk/news/press-releases/fca-charges-first-individual-running-network-illegal-crypto-atms
  • Authority: Equality and Human Rights Commission (EHRC)
    • Summary: Natalie James and Joanna Saine won a race discrimination case against London and Quadrant Housing Trust, receiving a £95,000 settlement after being overlooked for promotions in favor of white candidates.
    • Impact: This case highlights issues with subjective hiring practices and the need for fair recruitment processes, impacting L&Q’s reputation and emphasizing the role of the EHRC in supporting discrimination cases.
    • Action Required: Employers should review and improve their recruitment processes to ensure fairness and prevent discrimination, and organizations should provide adequate training to mitigate unconscious bias.
    • Read More: https://www.equalityhumanrights.com/housing-association-employees-win-race-discrimination-case
  • Authority: Serious Fraud Office (SFO)
    • Summary: Six former Glencore employees, including David Perez, were charged with bribery offences related to oil operations in West Africa. Charges include conspiring to make corrupt payments and falsifying invoices.
    • Impact: This is the first time charges have been brought against these individuals, highlighting the Serious Fraud Office’s commitment to tackling corruption and its impact on financial markets and communities.
    • Action Required: The accused should prepare for their court hearing on 8 October, and companies should review and strengthen anti-corruption measures to prevent similar issues.
    • Read More: https://www.sfo.gov.uk/2024/09/10/six-former-glencore-employees-appear-in-court-charged-with-bribery-offences/

Date: 9 September 2024

  • Authority: UK Transparency International 
    • Summary: Transparency International UK’s report identified £15.3 billion in UK COVID-19 contracts with corruption red flags, including political favoritism and non competitive procurement.
    • Impact: Highlights significant issues in pandemic procurement, pointing to systemic corruption and erosion of public trust.
    • Action Required: Authorities should investigate high-risk contracts, improve procurement practices, and enhance transparency to prevent future misconduct.
    • Read More: https://www.transparency.org.uk/report-landmark-investigation-finds-corruption-red-flags-153-billion-uk-covid-contracts

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United States

Date: 12 September 2024

Date: 11 September 2024

  • Authority: Equal Employment Opportunity Commission (EEOC)
    • Summary: ABC Pest Control, Inc. settled a charge under the Pregnant Workers Fairness Act by agreeing to provide $47,480 in damages, revise its policies, and implement new training and reporting measures.
    • Impact: The company will enhance its support for pregnant employees, aligning with the PWFA requirements and potentially improving workplace conditions for pregnant workers.
    • Action Required: ABC Pest Control must comply with the conciliation agreement by updating policies, training employees, and reporting on accommodations and complaints.
    • Read More: https://www.eeoc.gov/newsroom/abc-pest-control-inc-conciliates-pregnant-workers-fairness-act-charge
  • Authority: Consumer Financial Protection Bureau (CFPB)
    • Summary: The CFPB ordered TD Bank to pay $7.76 million in redress to affected consumers and a $20 million penalty for providing inaccurate and fraudulent information to credit reporting agencies, affecting many customers’ credit reports.
    • Impact: The order addresses significant harm to consumers’ credit, affecting their ability to access credit, housing, and employment, and imposes financial penalties on TD Bank to mitigate the damage.
    • Action Required: TD Bank must pay the redress and penalty, and implement measures to correct reporting errors and improve dispute resolution processes.
    • Read More: https://www.consumerfinance.gov/about-us/newsroom/cfpb-orders-td-bank-to-pay-28-million-for-breakdowns-that-illegally-tarnished-consumer-credit-reports/
  • Authority: Federal Bureau of Investigation (FBI)
    • Summary: The FBI San Diego Field Office seized websites of three fraudulent cryptocurrency recovery services – MyChargeBack, Payback LTD, and Claim Justice, accused of scamming victims by charging high fees for unfulfilled promises to recover lost funds.
    • Impact: The seizure targets scammers exploiting cryptocurrency victims further, highlighting the need for vigilance against fraudulent recovery schemes and the potential for significant financial losses to victims.
    • Action Required: Victims should avoid paying upfront fees to cryptocurrency recovery services, verify the legitimacy of any company offering recovery services, and report suspicious activity to the FBI.
    • Read More: https://www.fbi.gov/contact-us/field-offices/sandiego/news/fbi-san-diego-seizes-cryptocurrency-recovery-websites

Date: 10 September 2024

  • Authority: Environmental Protection Agency (EPA)
    • Summary: Rudy’s Performance Parts Inc. and its owner, Aaron Rudolf, was sentenced to pay $10 million in fines and penalties for manufacturing, selling, and installing emissions defeat devices, which violated the Clean Air Act. Rudy’s must also comply with a consent decree prohibiting future violations.
    • Impact: The settlement addresses significant environmental and public health harms caused by the illegal defeat devices, which contributed to severe pollution and degraded air quality.
    • Action Required: Rudy’s and Rudolf must pay $10 million, cease all defeat device-related activities, and adhere to the terms of the consent decree.
    • Read More: https://www.epa.gov/newsreleases/north-carolina-auto-parts-seller-and-its-owner-pay-10m-making-selling-and-installing
  • Authority: U.S Department of Justice (US DOJ)
    • Summary: Rudy’s Performance Parts Inc. and its owner, Aaron Rudolf, agreed to pay $10 million for violating the Clean Air Act by manufacturing, selling, and installing emissions defeat devices. The settlement includes criminal fines, civil penalties, and a consent decree prohibiting further violations.
    • Impact: The defeat devices sold by Rudy’s significantly contributed to increased air pollution, impacting public health and the environment. The settlement aims to address these harms and prevent future violations.
    • Action Required: Rudy’s and Rudolf must pay $10 million in fines, comply with the terms of the consent decree, and cease all related activities. The consent decree is subject to a 30-day public comment period and court approval.
    • Read More: https://www.justice.gov/opa/pr/north-carolina-auto-parts-seller-and-its-owner-pay-10m-making-selling-and-installing

Date: 9 September 2024

  • Authority: Environmental Protection Agency (EPA)
    • Summary: Hawkins Inc., based in Camanche, Iowa, was ordered to pay $51,158 in civil penalties and purchase emergency response equipment to address alleged violations of the Resource Conservation and Recovery Act (RCRA). The company failed to meet hazardous waste management requirements.
    • Impact: Hawkins Inc.’s violations included improper hazardous waste accumulation, inadequate emergency planning, and lack of coordination with local emergency responders. The penalties and equipment will help mitigate these issues and enhance community safety.
    • Action Required:Hawkins Inc. must pay the civil penalties, purchase and donate emergency response equipment valued at approximately $38,610, and implement corrective measures to comply with RCRA requirements.
    • Read More: https://www.epa.gov/newsreleases/epa-region-7-fines-hawkins-inc-camanche-iowa-alleged-hazardous-waste-violations
  • Authority: Federal Trade Commission (FTC)
    • Summary: The FTC issued in refunds totaling over $49,500 to 2,432 consumers who were deceived by 1Health.io (formerly Vitagene) regarding data security and deletion practices. The company failed to secure sensitive data and unfairly altered its privacy policy.
    • Impact:Consumers affected by the company’s inadequate data security and misleading privacy policies will receive payments. The refunds address security failures and unauthorized changes to privacy practices.
    • Action Required: Affected consumers should cash their checks within 90 days or redeem PayPal payments within 30 days.
    • Read More: https://www.ftc.gov/news-events/news/press-releases/2024/09/ftc-sends-refunds-consumers-deceived-genetic-testing-firm-1healthio-over-data-deletion-security

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Key Sanctions:

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European Union:

Date: 12 September 2024

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United States:

Date: 12 September 2024

  • Authority: Office of Foreign Assets Control (OFAC)
    • Summary: The U.S. Treasury sanctioned 16 Venezuelan officials aligned with Nicolas Maduro for obstructing a fair election and committing human rights abuses, including travel bans and asset freezes.
    • Impact: The sanctions target key officials involved in Venezuela’s fraudulent electoral process and repression, intensifying pressure on Maduro’s regime and supporting democratic reforms in Venezuela.
    • Action Required: The U.S. will continue to impose and enforce sanctions on those undermining democracy and human rights in Venezuela, alongside visa restrictions.
    • Read More: https://home.treasury.gov/news/press-releases/jy2577
  • Authority: Office of Foreign Assets Control (OFAC)
    • Summary: The U.S. Treasury sanctioned Cambodian tycoon Ly Yong Phat, his conglomerate L.Y.P. Group, and several related businesses for their involvement in human trafficking, forced labor, and investment fraud schemes.
    • Impact: The sanctions aim to disrupt criminal networks exploiting trafficked workers and perpetrating fraudulent online schemes, thereby targeting the financial infrastructure supporting these abuses.
    • Action Required: The U.S. will enforce sanctions against those involved in human trafficking and financial scams, focusing on disrupting their operations and reducing the prevalence of investment fraud.
    • Read More: https://home.treasury.gov/news/press-releases/jy2576

Date: 11 September 2024

  • Authority: Office of Foreign Assets Control (OFAC)
    • Summary: The U.S. Treasury sanctioned three individuals, five companies, and two vessels involved in smuggling oil and LPG to support Hizballah, targeting key figures and entities that finance the group’s terrorist activities.
    • Impact: These sanctions aim to disrupt Hizballah’s revenue streams from illicit oil smuggling, which funds its terrorist operations and regional destabilization efforts.
    • Action Required: U.S. financial institutions and partners should enforce these sanctions, ensuring that the designated individuals and entities are blocked from accessing the U.S. financial system and related resources.
    • Read More: https://home.treasury.gov/news/press-releases/jy2572

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Compliance Tips Staying Compliant

  • Tip 1: Regularly review and update compliance policies.
  • Tip 2: Conduct internal audits to ensure adherence to regulations.

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