Mondelez International, Inc. (Mondelez), a company incorporated and headquartered in the United States, which prior to October 2012 was known as Kraft Foods Inc., was a global manufacturer and marketer of food, beverage and snack products. In addition to renaming itself in October 2012, Kraft spun off its North American grocery business into a new company called Kraft Foods Group, Inc., and Mondelez retained the global snacking business. Mondelez common stock was registered with the SEC and traded on the NASDAQ.
According to its October 26, 2016 10-Q filing, on February 1, 2011, Mondelez received a subpoena from the SEC in connection with an investigation under the FCPA, primarily related to a facility in India that Mondelez, then Kraft Foods Inc., acquired in the acquisition of Cadbury Limited. The subpoena primarily requested information regarding dealings with Indian governmental agencies and officials in order to obtain approvals related to the operation of that facility. Modelez indicated that it was cooperating with the U.S. and Indian governments in their respective investigations of the matters.
On February 11, 2016, Mondelez received a “Wells” notice from the SEC indicating that the SEC had made a preliminary determination to recommend an enforcement action against Mondelez for violations of the books and records and internal controls provisions of the Securities Exchange Act of 1934, as amended, in connection with the investigation. On March 18, 2016, Mondelez made a submission to the staff of the SEC in response to the notice.
On July 27, 2016, Mondelez disclosed that it had engaged in discussions with the SEC and with the DOJ to resolve their respective investigations.
On January 6, 2017, the SEC filed a settled cease-and-desist proceeding against Mondelez and Cadbury Limited alleging violations of the books and records and internal controls provisions of the FCPA. The DOJ investigation appears to be ongoing.
