The Los Angeles-based company falsified accounting records to cover up the payments to Chinese officials
The Los Angeles-based company falsified accounting records to cover up the payments to Chinese officials

Herbalife admits bribing Chinese officials to grow business



Health supplement maker Herbalife bribed Chinese government officials for a decade to grow its overseas business and falsified accounting records to cover up the payments, US prosecutors said on Friday in announcing corruption charges against the publicly traded company.
Herbalife agreed to pay combined penalties of more than $123 million (Dh451 million) to resolve the charges, federal prosecutors said.
The company admitted to the conspiracy as part of a deferred prosecution agreement it reached with the US Justice Department and the US Attorney's Office in Manhattan.
The charges were brought under the Foreign Corrupt Practices Act, which prohibits bribery of foreign government officials or company executives to secure or retain business.
Herbalife bribed the officials to obtain direct selling licenses, reduce government scrutiny, and suppress negative coverage by state-controlled media.
The company began paying off Chinese government officials in 2007 in a bid to obtain licenses from national and local authorities the company needed to sell health and nutrition products.
They also bribed a state-owned media outlet "for the purpose of removing negative media reports about Herbalife China," and falsely recorded the improper payments as "travel and entertainment expenses," prosecutors said.

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The case appears to be tied to a settlement the company disclosed in May with the Justice Department and Securities and Exchange Commission over similar charges, Bloomberg reported.
Herbalife has long been embroiled in litigation and regulatory actions over its business practices.
Prosecutors said the company also agreed to pay more than $67 million in disgorgement — repayment of ill-gotten gains — and prejudgment interest to the Securities and Exchange Commission.
A spokesman for Herbalife did not immediately have a comment on the case.
Activist investor Carl Icahn remains Herbalife's largest shareholder, according to data compiled by Bloomberg.
The billionaire said he owns about 15.5 per cent of the company after selling roughly 40 per cent of his stake earlier this month for portfolio management purposes. He said at the time that he continues to "strongly believe in the great future of the company".
Mr Icahn has long been a public supporter of Herbalife and famously battled short-seller Bill Ackman, who called the company a pyramid scheme.

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Mercer, the investment consulting arm of US services company Marsh & McLennan, expects its wealth division to at least double its assets under management (AUM) in the Middle East as wealth in the region continues to grow despite economic headwinds, a company official said.

Mercer Wealth, which globally has $160 billion in AUM, plans to boost its AUM in the region to $2-$3bn in the next 2-3 years from the present $1bn, said Yasir AbuShaban, a Dubai-based principal with Mercer Wealth.

Within the next two to three years, we are looking at reaching $2 to $3 billion as a conservative estimate and we do see an opportunity to do so,” said Mr AbuShaban.

Mercer does not directly make investments, but allocates clients’ money they have discretion to, to professional asset managers. They also provide advice to clients.

“We have buying power. We can negotiate on their (client’s) behalf with asset managers to provide them lower fees than they otherwise would have to get on their own,” he added.

Mercer Wealth’s clients include sovereign wealth funds, family offices, and insurance companies among others.

From its office in Dubai, Mercer also looks after Africa, India and Turkey, where they also see opportunity for growth.

Wealth creation in Middle East and Africa (MEA) grew 8.5 per cent to $8.1 trillion last year from $7.5tn in 2015, higher than last year’s global average of 6 per cent and the second-highest growth in a region after Asia-Pacific which grew 9.9 per cent, according to consultancy Boston Consulting Group (BCG). In the region, where wealth grew just 1.9 per cent in 2015 compared with 2014, a pickup in oil prices has helped in wealth generation.

BCG is forecasting MEA wealth will rise to $12tn by 2021, growing at an annual average of 8 per cent.

Drivers of wealth generation in the region will be split evenly between new wealth creation and growth of performance of existing assets, according to BCG.

Another general trend in the region is clients’ looking for a comprehensive approach to investing, according to Mr AbuShaban.

“Institutional investors or some of the families are seeing a slowdown in the available capital they have to invest and in that sense they are looking at optimizing the way they manage their portfolios and making sure they are not investing haphazardly and different parts of their investment are working together,” said Mr AbuShaban.

Some clients also have a higher appetite for risk, given the low interest-rate environment that does not provide enough yield for some institutional investors. These clients are keen to invest in illiquid assets, such as private equity and infrastructure.

“What we have seen is a desire for higher returns in what has been a low-return environment specifically in various fixed income or bonds,” he said.

“In this environment, we have seen a de facto increase in the risk that clients are taking in things like illiquid investments, private equity investments, infrastructure and private debt, those kind of investments were higher illiquidity results in incrementally higher returns.”

The Abu Dhabi Investment Authority, one of the largest sovereign wealth funds, said in its 2016 report that has gradually increased its exposure in direct private equity and private credit transactions, mainly in Asian markets and especially in China and India. The authority’s private equity department focused on structured equities owing to “their defensive characteristics.”

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