SAP SE (“SAP”) was a European Union corporation headquartered in Waldorf, Germany, that provided technology solutions and services in over 180 countries. SAP’s American Depositary Shares are registered with the SEC and listed on the New York Stock Exchange.
SAP International was a wholly-owned subsidiary of SAP with its principal place of business in Miami, Florida, and had responsibility over SAP's business operations in Latin America.
Vicente Eduardo Garcia was employed by SAP International in Miami. He was a senior executive serving as Regional Director of SAP's Premier Client Network ("PCN") for Latin America and the Caribbean. As the PCN Regional Director, Garcia was ultimately responsible for sales and services to strategic clients throughout the region.
From about June 2009 through November 2013, Garcia, along with others, planned and executed a scheme to offer and pay bribes to three senior government officials of the Republic of Panama in order to obtain contracts for software sales by SAP to the Panamanian government. Garcia, in concert with others, paid bribes to one Panamanian government official in the amount of $145,000, and promised to pay bribes to two other government officials.
On July 13, 2015, the DOJ filed a single count Information in the Northern District of California against Garcia alleging conspiracy to violate the anti-bribery provisions of the FCPA. On August 12, 2015, Garcia pleaded guilty to the charge. On December 16, 2015, the court sentenced Garcia to 22 months in prison to be followed by 3 years of supervised release and ordered him to pay a mandatory assessment of $100. The fine was waived.
In a related administrative proceeding on August 12, 2015, the SEC issued a Cease and Desist Order against Garcia. Under the terms of the order, the SEC ordered Garcia to stop violating the anti-bribery, books & records, and internal controls provisions of the FCPA. The SEC also required Garcia to disgorge $85,965, representing the kickback Garcia received in connection with the bribery scheme, plus prejudgment interest of $6,430.
