Alliance One International Resolves FCPA Matter With DOJ And The SEC
MORRISVILLE, N.C., Aug. 11 /PRNewswire-FirstCall/ -- Alliance One International, Inc. (NYSE: AOI) today announced that the Company has reached settlements with the Securities and Exchange Commission ("SEC") and the Department of Justice ("DOJ"), concluding investigations of the Company relating to alleged violations of the Foreign Corrupt Practices Act ("FCPA") that occurred prior to the merger that formed the Company in May, 2005. Although, the settlements with both the SEC and the DOJ remain contingent on court approval, the agreed settlement amounts, as previously disclosed, were fully accrued in the Company's fiscal year 2010.
Pursuant to the settlement negotiated with DOJ, two of the Company's foreign subsidiaries, Alliance One Tobacco Osh, LLC and Alliance One International AG (successors to DIMON International ( Kyrgyzstan) and DIMON International AG, respectively), agreed to plead guilty to FCPA violations committed by DIMON International ( Kyrgyzstan) and DIMON International AG prior to the merger creating AOI, and to pay fines totaling $9.45 million. On August 6, 2010 Alliance One Tobacco Osh, LLC and Alliance One International AG entered the agreed guilty pleas in the U.S. District Court for the Western District of Virginia in Danville, Virginia. A sentencing hearing is scheduled for October 21, 2010. Noting among other things the Company's self-disclosure and cooperation, DOJ has indicated, subject to the Company's compliance with the settlement, it does not intend to separately charge the Company with any criminal violations arising out of the pre-merger conduct of DIMON International ( Kyrgyzstan) and DIMON International AG.
The settlement negotiated with the SEC includes the Company's agreement to disgorge profits in the amount of $10 million and to abide by an injunction against further FCPA violations. Pursuant to this settlement, on August 6, 2010 the SEC filed in the U.S. District Court for the District of Columbia a Complaint alleging the Company violated the FCPA's books and records, internal controls, and anti-bribery provisions in connection with conduct that occurred prior to the merger that created Alliance One.
Both settlements require the Company to retain an independent compliance monitor for a term of three years. If the courts approve the settlements there are not expected to be any further penalties or fines.
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