Relevani Entites and Individuals
2. Smith & Kephew, pic ("PLC") was incorporated in England and Wales and had
iis principal place of
business in the United Kingdom. It issued and maintained a class of
publicly-traded securities registered pursuant to Section l2(b) ofthe Securities Exchange Act of
1934 (15 U.S.C. § 781), which traded on the New York Stock Exchange. As such, it wasrequired to fie periodic reports with the United States Securities and Exchange Commission
under Section 13 of
the Securities Exchange Act (15 U.S.C. § 78m). Accordingly, PLC was an
"issuer" within the meaning ofthe FCPA, 15 U.S.C. § 78dd-l(a). By virtue of
its status as an
issuer, PLC was required to make and keep books, records, and accounts which, in reasonabledetail, accurately and fairly reflected the transactions and disposition of assets ofPLC and its
subsidiaries, incliiding those described below, which were inCorporated iniothe hooks, records,
and accounts ofPLC.
3. Defendant Smith & Nephew, Inc. ("S&N"), a wholly-owned subsidiary ofPLC,
together with related companies, was a global manufacturer and supplier of orthopedic medicaldevices. S&N was incorporated in Delaware and headquartered in Memphis, Tennessee, and,through related companies and subsidiaries, maintained operations in a number of foreigncountries. S&N was a "domestic concern" as that term is defined in the FCPA, 15 U.S.C, §78dd-2(h)(l )(B).
4, Smith & Nephew Orthopaedics GmbH ("GmbH"), is a German corporation
headquartered in Tuttlingen, Germany and reporting to S&N. GmbH operated a factory and sold
its products through a distributor in Greece.
5. "Greek Distributor," based in Athens, Greece, was an agent and distributor for
S&N and GmbH in Greece.