SEC v. David M. Pillor (N.D. Cal. 2006)

• Case Name
• SEC v. David M. Pillor (N.D. Cal. 2006)

• Date Filed
• 08/15/2006

• Enforcement Agency
• SEC

• Countries
• Thailand, China, Philippines

• Foreign Official
• Not Stated

• Date of Conduct
• 2001 to 2004

• Nature of Business
• Sales of explosives detection products by InVision Technologies, Inc. (“InVision”), a U.S. corporation.  David M. Pillor was the former Senior Vice President for Sales and Marketing and member of the board of directors of InVision.

• Influence to be Obtained
• Payments were made by InVision’s sales agents and distributors to foreign officials to secure or retain business for InVision.  The DOJ found that there was a “high probability” that senior employees at InVision were aware of the payments, but took no action to determine their legality.  

• Enforcement
• On August 15, 2006, the SEC settled charges against Pillor for failing to devise and maintain a system of internal controls adequate to detect and prevent InVision’s violations of the FCPA and for indirectly causing the falsification of the company’s books and records.  Without admitting or denying the allegations, Pillor agreed to pay a $65,000 civil penalty and to the entry of a permanent injunction against future violations.

• Amount of the Value
• $203,000.

• Amount of Business Related to Payment
• $41,300,000.

• Intermediary
• Third-party distributors.

• Citizenship of Parent Entity
• United States

• Total Sanction
• $ 65,000

• Compliance Monitor
• No

• Reporting Requirements
• No

• Case is Pending?
• No

• Related Enforcement Actions
• In re InVision Technologies, Inc. (2005)
  SEC v. GE InVision, Inc. (N.D. Cal. 2005)
  

David M. Pillor 

• Citation
• SEC v. Pillor, No. 1:06 cv 4906 (N.D. Cal. 2006).

• Date Filed
• 08/15/2006

• Filed Under Seal
• No

• FCPA Statutory Provision
• • Aiding and Abetting: Books-and-Records
  • Aiding and Abetting: Internal Controls

• Other Statutory Provision
• None

• Disposition
• Complaint and Consent Order

• Defendant Jurisdictional Basis
• Agent of Issuer

• Defendant's Citizenship
• United States