Lawsuit Overview
August 6, 2020 - An investor in shares of Airbus SE (OTCMKTS: EADSY; EADSF) filed a lawsuit in the U.S. District Court for the District of New Jersey over alleged violations of Federal Securities Laws by Airbus SE in connection with certain allegedly false and misleading statements made between February 24, 2016, and July 30, 2020.
Neverlands based Airbus SE provides aerospace products, services, and solutions in the Netherlands and internationally.
On August 8, 2016,it was reported that the U.K. had opened a corruption probe into Airbus SE. Specifically, the United Kingdom Serious Fraud Office ( SFO ) announced that it had opened a criminal investigation into allegations of fraud, bribery, and corruption in the civil aviation business of Airbus, which relate to irregularities concerning third party consultants. The investigation followed Airbus's flagging of misstatements and omissions involving outside contractors in certain export financing applications to U.K. regulators and the European Export Credit Agencies earlier in the year, which the Company had found through an internal probe.
France and the U.S. later opened their investigations into the subject of the SFO's allegations in 2017 and 2018, respectively.
On January 31, 2020, media outlets reported that Airbus had agreed to a deal with U.S., U.K. and French prosecutors to settle bribery and export-control violations against the Company for €3.6 billion ($4 billion). Pursuant to the settlement, Airbus also agreed to appoint an external compliance officer for at least two years to monitor the Company’s handling of its defense-related sales and disclosures.
On March 15, 2020, it was reported that Airbus SE executives had previously raised red flags about fees paid to a number of middlemen working with its helicopter division, led at the time by the Company's current Chief Executive Officer ( CEO ), Defendant Guillaume M.J.D. Faury ( Faury ), that may have violated global bribery and corruption rules, according to internal documents related to Airbus's $4 billion bribery settlement, which were not previously made public and/or reported.
On July 30, 2020, it was reported that the SFO had charged Airbus's subsidiary, GPT Special Project Management Ltd and three individuals with corruption in connection with a defense contract the U.K. had arranged with Saudi Arabia. These charges were the culmination of the investigations initiated by the SFO back in August 2012.
Shares of Airbus SE (OTCMKTS: EADSY) declined from $38.12 per share in early 2020 to as low as $13.00 per share on May 14, 2020.
According to the complaint the plaintiff alleges on behalf of purchasers of Airbus SE (OTCMKTS: EADSY; EADSF) common shares between February 24, 2016, and July 30, 2020, that the defendants violated Federal Securities Laws. More specifically, the plaintiff claims that between February 24, 2016, and July 30, 2020, the Defendants made false and/or misleading statements and/or failed to disclose that Airbus's policies and protocols were insufficient to ensure the Company's compliance with relevant anti-corruption laws and regulations, that, consequently, Airbus engaged in bribery, corruption, and fraud in order to enhance its business with respect to its commercial aircraft, helicopter, and defense deals; (iii) that, as a result, Airbus's earnings were derived in part from unlawful conduct and therefore unsustainable, the full scope and severity of Airbus's misconduct, that resolution of government investigations of Airbus would foreseeably cost Airbus billions of dollars in settlements and legal fees and subject the Company to significant continuing government investigation and oversight, and that, as a result, the Company's public statements were materially false and misleading at all relevant times.