Chinese e-commerce giant Alibaba Group and its US-based payment processor, AUS Merchant Services, have agreed to pay $600 million under separate non-prosecution agreements with the US Department of Justice. This settlement aims to resolve allegations that they did not prevent the sale and import of illegal pharmaceuticals and related products into America through Alibaba’s online marketplaces. The agreements include a $125 million criminal penalty and $200 million in forfeiture by Alibaba, while AUS Merchant Services will pay an $85 million criminal penalty and forfeit $190 million, totaling $600 million.
Alibaba admitted that between January 2016 and December 2024, it failed to prevent merchants using Alibaba.com and AliExpress from conducting around 80,000 sales involving pharmaceuticals, listed chemicals, and pharmaceutical counterfeiting equipment imported into the US in violation of the law. The Justice Department revealed that the total value of these transactions exceeded $200 million. Federal agents conducted over 40 undercover purchases of illegal pharmaceuticals and counterfeiting equipment during the investigation.
AUS Merchant Services acknowledged that between January 2020 and December 2023, its anti-money laundering compliance program did not prevent some Alibaba merchants from using its payment processing services to facilitate sales of prohibited products to US buyers. The company admitted that its transaction monitoring system failed to include certain wire-transfer data, leading to improper identification of payments from high-risk jurisdictions or involving multiple payers. Some merchants continued selling prohibited products even after AUS had reported them to Alibaba.
Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division emphasized the importance of companies ensuring that illegal pharmaceuticals are kept off their platforms. He stated that companies operating online marketplaces must implement appropriate safeguards to prevent exploitation by bad actors, with the Department holding them accountable if they fail to do so. Assistant Attorney General Tysen Duva of the Criminal Division highlighted the closure of another channel for illegal pharmaceuticals and associated equipment due to the documented steps taken by Alibaba and AUS to enhance screening and compliance.
Under the agreements, both companies accepted responsibility for the actions of their officers, directors, employees, and agents. They committed to enhancing compliance systems, improving transaction monitoring, and continuing cooperation with US authorities in present and future investigations. Alibaba, established in China in 1999, operates Alibaba.com and AliExpress, two prominent online marketplaces. The company is publicly listed on the New York Stock Exchange and the Hong Kong Stock Exchange.
