Life Sciences

Device company settles alleged FCPA violation

Pharma Compliance Alert, June 11, 2008

AGA Medical Corporation will pay a $2 million criminal fine to settle allegations it violated the Foreign Corrupt Practices Act, according to a Department of Justice (DOJ) release.
                 
AGA was charged with one count of conspiring to make bribe payments to Chinese officials and one count of violating the FCPA in connection with the authorization of specific corrupt payments to officials in China. The company entered into a deferred prosecution agreement with the DOJ.
 
Between 1997 and 2005, AGA employees allegedly agreed to make corrupt payments to physicians employed by government-owned hospitals in China. In exchange for these payments, the Chinese physicians directed the government-owned hospitals to purchase AGA’s products rather than competitors’ products.
 
AGA also allegedly agreed to pay Chinese officials to approve patents from 2000 to 2002.

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