U.S. SECURITIES AND EXCHANGE COMMISSION
Litigation Release No. 20316 / September 28, 2007
SEC v. Gioacchino De Chirico, Civil Action File No. 1:07-CV-2367 (N.D.GA)
SEC Files Action Naming Officer of Immucor, Inc., for Violating, and Aiding and Abetting Violations of, Books and Records and Internal Control Provisions of the Securities Exchange Act of 1934 ("Exchange Act")
The Securities and Exchange Commission today announced the filing of a settled civil action against Gioacchino De Chirico, Chief Executive Officer of Immucor, Inc., for violating Section 13(b)(5) of the Exchange Act and Rule 13b2-1, and for aiding and abetting violations of Sections 13(b)(2)(A) and 13(b)(2)(B) of the Exchange Act. The Commission's complaint, filed in the United States District Court of the Northern District of Georgia, alleges that in April 2004, Immucor paid €13,500 (Euros) to the director of a public hospital in Milan, Italy as a quid pro quo for the hospital director favoring Immucor in selecting contracts for supplies and equipment. The complaint further alleges that De Chirico approved an invoice that falsely described the €13,500 payment as a consulting fee for services in connection with opportunities in Switzerland — work De Chirico knew the hospital director had never performed.
With the filing of the Commission's action, De Chirico has agreed, without admitting or denying the allegations in the Commission's complaint, to the entry of a final judgment ordering him to pay a civil penalty of $30,000. Separately, Immucor and De Chirico consented to a Commission cease-and-desist order related to the same events, without admitting or denying the Commission's findings. (Exchange Act Release No. 56558)