The investigation on behalf of investors of Diebold Incorporated (NYSE:DBD) over possible violations of the U.S. Foreign Corrupt Practices Act in connection with potential foreign bribery at Diebolds subsidiary in Russia expanded now also to possible foreign bribery in Asia-Pacific.

The investigation by a law firm on behalf of current long term investors in Diebold Incorporated (NYSE:DBD) concerns whether certain officer and directors at Diebold Inc. breached their fiduciary duties and can be held liable for possibly violating the U.S. Foreign Corrupt Practices Act (FCPA), which prohibits companies from making improper payments to foreign officials for the purpose of obtaining or keeping business. According to the Justice Department the Foreign Corrupt Practices Act was enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. Specifically, the anti-bribery provisions of the FCPA prohibit the willful use of the mails or any means of instrumentality of interstate commerce corruptly in furtherance of any offer, payment, promise to payto a foreign official to influence the foreign official in his or her official capacity to secure any improper advantage in order to assist in obtaining or retaining business for or with, or directing business to, any person.

On October 28, 2010 Diebold Inc. announced that it received in regards to certain transactions and payments by its subsidiary in Russia a subpoena for documents from the U.S. Securities and Exchange Commsion (SEC) and a voluntary request for documents from the U.S. Department of Justice (DOJ) in connection with the SECs non-public investigation of the matter. Diebold previously disclosed that while conducting due diligence in connection with a potential acquisition in Russia, Diebold identified certain transactions and payments by its subsidiary in Russia (primarily during 2005 to 2008) that potentially implicate the FCPA, particularly the books and records provisions of the FCPA. In a recent interview Diebold CEO reportedly said the 'FCPA is a serious issue' and Diebold fired the Russia country manager, its sales and accounting managers and a manager in charge of its relationship with the distributor.
Diebold now also said in a recent regulatory filing that during the fourth quarter it also identified certain transactions within its Asia Pacific operation which may potentially implicate the FCPA.