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U.S. v. Vicente Eduardo Garcia

 
:
Vicente Eduardo Garcia
:
DOJ Criminal
:
August 12, 2015
:
U.S. v. Vicente Eduardo Garcia
:
U.S. v. Vicente Eduardo Garcia, No. 3:15-cr-00366 (N.D. Cal. 2015).
:
The Government’s case against Garcia highlights the corruption risks associated with the technology industry, especially where third-party distributors/partners/vendors are used to secure sales.
:
Computer & Information Technologies-Software
:
Panama
:
2009; 2010; 2011; 2012; 2013.
:
Senior government officials of the Republic of Panama.
:
Vicente Eduardo Garcia was a senior executive of SAP International, a wholly owned subsidiary of the German-based software company, SAP SE. Garcia was responsible, in part, for securing the award of valuable technology contracts in countries across Latin America and the Caribbean, including Panama.

According to a criminal information filed in the Northern District of California,
Garcia and others agreed to pay bribes to two Panamanian government officials as well as to an agent of a third government official to secure a $14.5 million dollar technology contract. According to the Government, soon thereafter, an SAP partner operating in Panama was awarded the multi-million dollar contract which included $2.1 million in SAP software licenses.

The Government claimed that Garcia circumvented SAP’s internal controls by creating sham invoices issued by a company controlled by a Panamanian official. These sham invoices were allegedly used to generate excess earnings off the final, end-user sale, allowing Garcia and others to bribe government officials. Garcia was also accused personally receiving a kickback from the proceeds of the sale of SAP software licenses to the Panamanian government.

On August 12, 2015, the Government announced that Garcia pleaded guilty to one count of conspiracy to violate the anti-bribery provisions of the FCPA. The terms of the plea agreement remain under seal and sentencing is set for December 16, 2015.
:
Conspiracy - Anti-Bribery
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Plea
:
Not stated.
:
0
:
Agent of Domestic Concern, Agent of Issuer, Director of Domestic Concern, Director of Issuer, Domestic Concern, Employee of Domestic Concern, Employee of Issuer
:
U.S.
:
United States
:
Contract Procurement/Retention
:
2,100,000
:
Wire/check
:
Sales Agent/Consultant
:
Not stated.
:
Panama
:
No
:
No