General Cable settles SEC and DOJ investigations, will pay $82.3mStaff Writer | December 29, 2016
General Cable Corporation as entered into agreements with the U.S. Securities and Exchange Commission (SEC) and the U.S. Department of Justice (DOJ).
Settlement SEC and DOJ against General Cable Corporation
Pursuant to those agreements, General Cable will pay fines, disgorgement and pre-judgment interest to the SEC and DOJ in the total amount of $82.3 million.
The company’s resolution with the SEC encompasses both the FCPA issues and the separate accounting and disclosure issues that were the subject of the company’s prior restatements.
General Cable will disgorge profits of approximately $51.2 million and pay pre-judgment interest of approximately $4.1 million in connection with the FCPA matter, and pay a civil penalty in connection with the restatement-related matters of $6.5 million.
As part of the DOJ resolution, General Cable will pay a penalty of approximately $20.5 million.
The company has entered into a non-prosecution agreement with the DOJ, which will be in effect for three years. No criminal charges will be brought against General Cable, provided it complies with its obligations under the agreement.
In light of the significant compliance enhancements made by the company to date, neither the DOJ nor the SEC is requiring an independent compliance monitor. The company has instead agreed to annual self-reporting for a period of three years.
To satisfy its financial obligations under the resolutions, General Cable will remit a total of approximately $82.3 million to the DOJ and SEC. The DOJ penalty of $20.5 million will be paid in a single payment in the first quarter of 2017.
The company will remit approximately $12.4 million to the SEC in January of 2017, and will then pay approximately $18.5 million to the SEC within 180 days of the date of the resolution and will make a final payment of approximately $30.9 million to the SEC within 360 days of the date of the resolution.
The company has and expects to have sufficient liquidity within its revolving credit facility to make these payments, and the total amount of the resolution is within the range previously disclosed by General Cable for the FCPA-related investigations.
As of the third quarter of 2016, General Cable had accrued $33 million for the FCPA-related investigations.
As a result of the resolutions with the DOJ and the SEC, General Cable will record a charge of approximately $49.3 million in the fourth quarter of 2016. Taking this charge into account, General Cable will have recognized all costs associated with the resolution of this matter with the DOJ and SEC.
General Cable voluntarily disclosed potential FCPA concerns to the DOJ and SEC in January 2014.
Both the DOJ and SEC recognized and credited General Cable for its extensive and transparent cooperation throughout the investigation. ■