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Evidence Keyed to Allen
Upjohn Co. v. United States
Citation:449 U.S. 383 (1981)
CaseCast™ – "What you need to know"
Petitioner Upjohn Co. manufactures and sells pharmaceuticals here and abroad. In 1976 independent accountants conducting an audit of one of Upjohn’s foreign subsidiaries discovered that the subsidiary made payments to foreign government officials to secure government business. The accountants so informed petitioner Gerard Thomas, Upjohn’s general counsel. It was decided that the company would conduct an internal investigation of the questionable payments. As part of this investigation, the attorneys prepared a letter containing a questionnaire which was sent to all foreign managers. Managers were instructed to treat the investigation as highly confidential and not to discuss it with anyone. On March 26, 1976, the company voluntarily submitted a preliminary report to the Securities and Exchange Commission on Form 8-K disclosing certain questionable payments and to the Internal Revenue Service. The Service issued a summons demanding production of all files relative to the investigation. The company declined.
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