Hewlett-Packard Polska, Sp. z o.o. ("HP Poland"), was a wholly owned subsidiary of Hewlett-Packard Company ("HP Co.") operating and incorporated in Poland. HP Poland managed most of HP's activities in Poland, and had more than 200 employees during the relevant period. HP Co. was a technology company headquartered in Palo Alto, California, and was a global provider of personal computing devices, information technology infrastructure, and imaging and printing products and services. Komenda Glowna Policji ("KGP") was the Polish National Police agency, headquartered in Warsaw, Poland. From 2006 through at least 2010, KGP was part of the Polish Ministry of the Interior and Administration ("Interior Ministry").
According to the criminal Information, from 2006 to 2010, HP Poland provided more than USD $600,000 in cash and gifts to a Polish Official in exchange for government contracts with the national police agency and the Interior Ministry. Payments were made through its public sector sales manager for contracts to secure and maintain millions of dollars in technology contracts with the Polish government.
On April 9, 2014, the DOJ filed an Information against HP Poland, charging the company with violating the internal controls provisions and aiding and abetting violations of the books and records provisions of the FCPA. At the same time, HP Poland entered into a deferred prosecution agreement with the DOJ, agreeing to pay a monetary penalty of $15,450,224.
In a related action, HP Co. consented to the entry of an administrative cease and desist order. HP Co. was ordered to cease and desist from violating the internal controls and books and records provisions of the FCPA. HP Co. agreed to pay disgorgement of $29,000,000 and prejudgment interest of $5,000,000. $2,527,750 of HP Co.'s disgorgement obligation will be satisfied by HP Co.'s payment of $2,527,750 in forfeiture as part of HP Mexico’s non-prosecution agreement with the DOJ.
