The Securities and Exchange Commission (SEC) has announced a significant enforcement action involving BIT Mining Ltd., formerly known as 500.com Limited, for violations of the Foreign Corrupt Practices Act (FCPA). The company has agreed to pay a $4 million civil penalty to resolve charges stemming from a bribery scheme that took place from 2017 to 2019. The scheme aimed to influence Japanese government officials, including members of Japan’s parliament, in an effort to establish an integrated resort and casino in the country.

BIT Mining, a former online sports lottery service provider based in Shenzhen, China, was listed on the New York Stock Exchange under the symbol "WBAI" at the time of the alleged violations. The SEC's order outlines a detailed account of the misconduct, stating that the company engaged in illicit activities amounting to approximately $2.5 million in bribes. These bribes were paid in the form of cash, entertainment, and extravagant trips, with the purpose of securing favorable treatment for BIT Mining’s casino project.

The SEC’s investigation revealed that these payments were authorized at the highest levels of the company. A senior executive at 500.com was found to have approved the bribes, knowingly circumventing the company’s internal controls and disregarding compliance standards meant to prevent such illegal conduct. Despite these substantial efforts to bribe officials and secure the necessary governmental support, BIT Mining’s plans to establish the resort never materialized.

The case serves as a stark reminder of the SEC’s commitment to enforcing the FCPA and holding companies accountable for corrupt practices, particularly those involving attempts to influence foreign government officials. The $4 million penalty underscores the seriousness of the violations and the agency’s ongoing efforts to ensure transparency and integrity in global business operations.

Key Takeaways for Businesses and Compliance Officers:

1. FCPA Compliance is Paramount: The BIT Mining case highlights the critical importance of having robust internal controls and compliance programs. Companies operating internationally must prioritize adherence to anti-bribery and anti-corruption laws to avoid severe financial and reputational repercussions.

2. Senior Executive Accountability: The involvement of a senior executive in authorizing bribery illustrates that compliance failures at the top level can have grave consequences. Businesses should implement comprehensive training and oversight measures to ensure that all executives understand and uphold anti-corruption obligations.

3. Impact on Market Entry: Despite the significant resources invested in the bribery scheme, BIT Mining was ultimately unsuccessful in entering the Japanese market. This outcome serves as a cautionary tale for companies considering shortcuts to business success, emphasizing that ethical practices are crucial for long-term sustainability.

4. Heightened Regulatory Scrutiny: The SEC remains vigilant in monitoring cross-border financial activities and will continue to impose substantial penalties on entities that violate the FCPA. Businesses should be prepared for the possibility of increased enforcement actions and proactively evaluate their risk management strategies.

Conclusion:

This enforcement action against BIT Mining serves as a powerful example of the risks associated with failing to comply with international anti-corruption laws. As regulatory agencies like the SEC continue to strengthen their oversight and penalties for FCPA violations, companies must ensure that their compliance frameworks are not only effective but also actively enforced across all levels of their organization.

For further details and the full text of the SEC’s order, visit the SEC’s website.

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