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US SEC ends Cognizant bribery case that the Justice Department also abandoned

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US SEC ends Cognizant bribery case that the Justice Department also abandoned

The U.S. Securities and Exchange Commission has dismissed its civil bribery case against former Cognizant Technology Solutions executives Gordon Coburn and Steven Schwartz, following a similar abandonment of a related criminal case by the Department of Justice. This decision, cited as a policy matter, directly results from the Trump administration's executive order pausing enforcement of the Foreign Corrupt Practices Act (FCPA), which the former President criticized. The dismissal, despite earlier charges related to a $2 million bribe to an Indian official, signals a significant shift in U.S. regulatory posture regarding anti-corruption enforcement, potentially impacting international business practices and compliance frameworks for companies.

Analysis

The U.S. Securities and Exchange Commission (SEC) has dismissed its civil bribery case against two former Cognizant Technology Solutions (CTSH) executives, Gordon Coburn and Steven Schwartz. This action follows a parallel decision by the Department of Justice to abandon its related criminal case. The dismissal is explicitly not based on the merits of the case—which involved allegations of a $2 million bribe for a construction permit in India—but is a direct result of a policy shift stemming from a Trump administration executive order to pause enforcement of the Foreign Corrupt Practices Act (FCPA). While this news removes a lingering legal cloud over the former executives, it is important to note that Cognizant itself settled the matter with the SEC for $25.2 million in February 2019. Therefore, the primary impact for the company is the definitive closure of this past governance issue and the removal of associated headline risk, rather than a direct financial benefit.

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