Orthofix Medical Inc (OFIX) Options

OFIX 10Q due March 5

OFIX, Jeffrey Hammel, CPA, Brian McCollum, Kenneth Mack and Bryan McMillan SEC Litigation:

https://www.sec.gov/litigation/admin/2018/34-82933.pdf

OFIX: SEC Litigation:

http://www.sec.gov/litigation/litreleases/2012/lr22412.htm

U.S. SECURITIES AND EXCHANGE COMMISSION

Litigation Release No. 22412 /July 11, 2012

Securities and Exchange Commission v. Orthofix International N.V., United States District Court for the Eastern District of Texas, Case No. 4:12-CV-419 (filed July 10, 2012)

SEC CHARGES ORTHOFIX INTERNATIONAL WITH FCPA VIOLATIONS


The Securities and Exchange Commission today charged Texas-based medical device company Orthofix International N.V. with violating the Foreign Corrupt Practices Act (FCPA) when a subsidiary paid routine bribes referred to as “chocolates” to Mexican officials in order to obtain lucrative sales contracts with government hospitals.

The SEC alleges that Orthofix’s Mexican subsidiary Promeca S.A. de C.V. bribed officials at Mexico’s government-owned health care and social services institution Instituto Mexicano del Seguro Social (IMSS). The “chocolates” came in the form of cash, laptop computers, televisions, and appliances that were provided directly to Mexican government officials or indirectly through front companies that the officials owned. The bribery scheme lasted for several years and yielded nearly $5 million in illegal profits for the Orthofix subsidiary.

Orthofix agreed to pay $5.2 million to settle the SEC’s charges.

According to the SEC’s complaint filed in U.S. District Court for the Eastern District of Texas, the bribes began in 2003 and continued until 2010. Initially, Promeca falsely recorded the bribes as cash advances and falsified its invoices to support the expenditures. Later, when the bribes got much larger, Promeca falsely recorded them as promotional and training costs. Because of the bribery scheme, Promeca’s training and promotional expenses were significantly over budget. Orthofix did launch an inquiry into these expenses, but did very little to investigate or diminish the excessive spending. Later, upon discovery of the bribe payments through a Promeca executive, Orthofix immediately self-reported the matter to the SEC and implemented significant remedial measures. The company terminated the Promeca executives who orchestrated the bribery scheme.

The SEC’s proposed settlement is subject to court approval. Orthofix consented to a final judgment ordering it to pay $4,983,644 in disgorgement and more than $242,000 in prejudgment interest. The final judgment would permanently enjoined the company from violating Sections 13(b)(2)(A) and 13(b)(2)(B) of the Securities Exchange Act of 1934. Orthofix also agreed to certain undertakings, including monitoring its FCPA compliance program and reporting back to the SEC for a two-year period.

Orthofix also disclosed today in an 8-K filing that it has reached an agreement with the U.S. Department of Justice to pay a $2.22 million penalty in a related action.

The SEC’s investigation was conducted by Carol Shau and Alka N. Patel in the Los Angeles Regional Office. The SEC acknowledges and appreciates the assistance of the U.S. Department of Justice’s Criminal Division-Fraud Section and the Federal Bureau of Investigation.

SEC Complaint:

http://www.sec.gov/litigation/complaints/2012/comp22412.pdf

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Orthofix International N.V. (Orthofix) is a diversified orthopedic products company. The Company offers a range of surgical and non-surgical products for the Spine, Orthopedics, Sports Medicine and Other Products market sectors. The Company’s products are designed to address the bone-and-joint health needs of patients of all ages. It designs, develops, manufactures, markets and distributes medical equipment used principally by musculoskeletal medical specialists for orthopedic applications. The Company operates in three segments: Spine, Orthopedics and Sports Medicine. Its primary research and development facilities are located in Fairfield, New Jersey; Verona, Italy; Lewisville, Texas; and Vista, California. During the year ended December 31, 2010, it closed certain facilities in the United States and Mexico and it subleased its facility in Boston, Massachusetts.

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