James Tillen discusses the issues raised by the failure of Sun Microsystems to mention its ongoing internal FCPA investigation in a recent merger proxy statement filed with the SEC regarding Sun’s impending merger with Oracle. The proxy statement includes Sun's representation to Oracle that it has no FCPA issues despite other SEC filings referencing Sun's internal investigation of possible FCPA violations. "If they continue to do this without correcting it and they later confirm that violations did occur, they could get in trouble at a later date," Tillen said. "That could certainly mean shareholder actions, or the SEC itself could fine them for being misleading."