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Enforcement Action Dataset

 

Initiation Date:    02/04/2011  Information

Prosecuting Agency:    U.S. Department of Justice

Type of Action:    DOJ Criminal Proceeding

Docket or Case Number:    11-cr-00037

Court:    District of Columbia

Name of Prosecuting Attorneys:   

  • Denis J. McInerney, Chief, Fraud Section, Criminal Division
  • Charles E. Duross, Deputy Chief, Fraud Section, Criminal Division
  • Kathleen M. Hamann, Trial Attorney, Fraud Section, Criminal Division

US Assisting Agencies:   

  • Federal Bureau of Investigation

Foreign Enforcement Action/Investigation:    Unknown

Foreign Assistance:    Unknown

Origin of the Proceeding:    Voluntary disclosure

Whistleblower:    Unknown

Case Status:    Resolved


Summary  Information

Tyson Foods, Inc. was a global multi-industry company engaged in the production of various meat proteins and the second-largest food production company in the Fortune 500. The Company's operations were conducted in four segments: Chicken, Beef, Pork and Prepared Foods. The Company had approximately 117,000 employees at more than 400 facilities and offices in the United States and abroad.

Tyson de Mexico was a wholly-owned subsidiary of Tyson Foods. It was headquartered in Gomez Palacio, Mexico and consisted of three processing facilities—La Citra; El Porvenir; and La Popular. Tyson de Mexico produced protein-based and prepared food products that comprised approximately 1% of Tyson Foods' total net sales.

Betweeen fiscal 2004 - 2006 Tyson de Mexico made approximately $90,000 in illicit payments to the Mexican Veterinarians in charge of meat inspection. The payments were made through inflated invoices and "salaries" paid to the wives of the veterinarians, even though the wives did not perform any services for Tyson de Mexico.

On February 10, 2011, the DOJ filed a two count Information in the District of Columbia against Tyson Foods alleging violations of the anti-bribery, books & records, and internal controls provisions of the FCPA. On the same date, Tyson Foods entered into a two year Deferred Prosecution agreement (DPA) with the DOJ. Under the terms of the agreement, Tyson Foods agreed to pay a $4 million criminal fine.

In a separate but related proceeding, Tyson Foods also consented to a final judgment with the SEC, agreeing to pay disgorgement of $880,786, plus prejudgment interest of $333,691, and be permanently enjoined from future violations of the FCPA.

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