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LAN Aircraft
cool their brakes on the tarmac last month in Santiago,
Chile, after LATAM agreed to pay more than $22 million
in fines to the USA Securities and Exchange Commission
(SEC) and the Department of Justice (DOJ) for a violation
of the accounting provisions of the Foreign Corrupt
Practices Act.
LATAM, while operating
previously as LAN Airlines, made a $1.15 million consulting
agreement with Argentina’s transportation ministry
in 2006, supposedly to study airline routes, according
to the Justice Department.
The proposal came as the
airline was attempting to enter the Argentine airline
market by acquiring the defunct Aero 2000 airline and
then employ workers from two other defunct airlines,
LAFSA and Southern Winds.
The airline made payments
of $300,000 in October 2006, $300,000 in November 2006,
and $550,000 in January 2007 to a consultant and his
wife through a bank account in Virginia rather than
the consulting company, the court summary said.
“The LAN Cargo Executive
knew and intended that Consultant would use some of
the money he received under the draft agreement to bribe
union officials to accept terms more favorable to LAN,”
the court summary concluded.
LATAM Airlines Group,
which resulted from a 2010 merger of the former LAN
and TAM airlines, said it “cooperated fully”
with the investigation.
“LATAM and its senior
management reaffirm its commitment to complying with
the laws of all of the countries where the group operates,”
said the company, which boasts 53,000 workers flying
to 140 destinations in 24 countries.
LATAM agreed to pay $12.75
million, cooperate with the investigation, and retain
an independent corporate compliance monitor for 27 months
according to the agreement announced by Assistant Attorney
General Leslie Caldwell and George Piro, special agent
in charge of the FBI’s Miami office.
LATAM also reached a settlement
with the Securities and Exchange Commission by agreeing
to pay $6.74 million to offset the value of benefits
it received and $2.7 million in interest.
Although LATAM didn’t
voluntarily disclose the violations, the airline cooperated
with the investigation after the bribery was revealed
in the Argentine press, the Justice Department said.
But LATAM failed to discipline
its workers—including at least one high-level
executive—for the criminal conduct, the Justice
Department said. |