Publicly employed doctors in Greece; publicly employed doctors and hospital administrators in Poland; publicly employed doctors and pharmacists in Romania; top Ministry of Health officials in Iraq
Johnson & Johnson acquired DePuy, Inc., another medical device company, in 1998. At that time, DePuy's subsidiary, Depuy International, was allegedly engaged in a widespread bribery scheme through a Greek distributor, and executives at Johnson & Johnson were aware of and complicit in that scheme after the acquisition. From at least 1998 to 2006, DePuy International, through a Greek distributor which it later acquired, paid bribes to public doctors in Greece who selected Johnson & Johnson surgical implants for use in various medical procedures. The scheme was perpetrated via a complicated web of transactions through distributors and agents which paid bribes paid as commissions overseas. The scheme was furthered by a high-level executive. In total, DePuy and their subsidiaries and employees authorized the payment, directly or indirectly, of approximately $16.4 million, knowing that a significant portion was used to pay cash incentives to publicly-employed Greek heathcare providers to induce the purchase of DePuy products.
In addition, Johnson & Johnson’s Polish subsidiary bribed publicly employed doctors and hospital administrators to use their medical devices and award them medical device tenders from 2000 to 2006 and a Romanian Johnson & Johnson subsidiary bribed publicly employed doctors and pharmacists to prescribe Johnson & Johnson products through cash and travel payments from 2005 to 2008. Two other Johnson & Johnson subsidiaries, Cilag AG International and Janssen Pharmaceutica N.V., paid 10% kickbacks to the former government of Iraq under the United Nations Oil for Food Program in order to secure contracts to provide humanitarian supplies.
After the Oil-for-Food investigation began, Johnson & Johnson self-disclosed additional wrongdoing and conducted wide-reaching internal investigations. Johnson & Johnson's proactive self-investigations in more than a dozen countries were critical in determining the full extent and underlying facts related to the company's FCPA violations.
The company acknowledged wrongdoing and responsibility for the actions of its subsidiaries, employees, and agents who made various improper payments to publicly-employed health care providers in Greece, Poland, Romania, and Iraq and agreed to pay a $21,400,000 criminal penalty as part of a deferred prosecution agreement. Also as part of the deferred prosecution, the DOJ filed a criminal information against DePuy, Inc., charging it with conspiracy, aiding and abetting, and substantive violations of the FCPA.
The deferred prosecution agreement expressly gives Johnson & Johnson credit for its self-disclosure, self-investigation, and ongoing compliance measures thus reducing the monetary penalty. Although the settlement does not require that Johnson & Johnson employ a corporate monitor, it must report to the DOJ on compliance efforts bi-yearly for the duration of the agreement.
Aiding and abetting anti-bribery, Anti-bribery (Domestic Concern), Conspiracy - Anti-Bribery
Deferred-prosecution Agreement, Fine
Criminal penalty of $21,400,000
Total Offense Level: 34 (Base Offense of 12 plus Benefit of 22 plus Multiple Bribe of 2 minus Substantial Assistance of 2)
Culpability Score: 5 (Base Score of 5 plus Large Organization High Level Personnel of 5 minus Cooperation of 5)