Foreign Corrupt Practices Act & Anti-Corruption
Lawyers of the highest integrity who are extremely bright and on top of changes in the law and government enforcement priorities, and are respected and trusted by government prosecutors.Legal 500
Practice Overview
Companies and their executives cannot risk being surprised by potential bribery and corruption issues as governments around the globe devote greater resources to anti-corruption enforcement. A law enforcement agency may come knocking with a warrant; a whistleblower may call a hotline to report questionable dealings by a third-party agent; an internal audit may discover a fund used to pay “commissions” to a well-connected local political operative; a competitor may raise questions in the media about the practices of an in-country sales team. That moment should not be the first time considering whether a compliance program was up to date and tested, or if employees were trained and got the anti-corruption message.
Whether your company is facing a critical decision about an anti-bribery issue or you are an executive facing investigation by your company or the government, do not go it alone. Buckley lawyers have advised on anti-bribery and anti-corruption issues for decades, going back to the inception of Foreign Corrupt Practices Act enforcement. We help U.S. and international companies, and their executives, navigate every aspect of compliance program buildouts and testing, investigations, government enforcement actions and parallel civil litigation, and trial defense. We have gone toe-to-toe with the government both before and at trial— and won.
Buckley lawyers understand that there is no one “right” choice for every client. We help our clients make cost-effective, risk-based, and reasoned decisions about their own businesses in response to any anti-corruption scenario. We understand the details of our clients’ businesses, and bring sound and practical advice to any counseling circumstance. We know anti-corruption doctrine and best practices, and work with our clients to ensure that these principles remain intact while still getting business done.
Our track record demonstrates a different approach to defending against enforcement agencies than that taken by many other law firms. We help companies and individuals understand the full range of options available when the government targets them. We are one of the few firms to ever take the government to court — and win — in criminal and civil FCPA cases. We bring the experience of numerous former government enforcement officials, including assistant U.S. attorneys, as well as defense-only specialists.
We have been a part of some of the most significant criminal and civil FCPA cases of recent years, including the successful four-month criminal trial defense of a defendant in the FCPA/Africa Sting cases, as well as one of the few SEC FCPA civil actions ever to reach a courtroom. Legal 500 noted our FCPA work, calling it an “area in which the team has ‘deep and relevant experience.’”
Because anti-bribery issues do not respect national borders, we work in collaboration with expert counsel around the world to cover compliance with the UK Bribery Act 2010 and other anti-corruption laws. We conduct internal investigations and due diligence in Europe, Asia, Latin America, Africa, and the Middle East, working closely with local counsel to understand each jurisdiction’s requirements. The compliance programs we help develop recognize that business practices differ in each country, and can and should vary under the overall aegis of a strong compliance structure.
Examples of our FCPA representations include:
- Multijurisdictional government investigations and civil litigation: We obtained a $2.6 billion settlement for Universal Entertainment Corp., a large Japanese gaming manufacturer, and its subsidiary, Aruze USA, Inc., in FCPA-related litigation originally brought by Wynn Resorts Ltd.; the case was one of the most prominent examples of a private party alleging FCPA violations as a method to gain an upper hand in a contract dispute
- Internal investigations: We conduct internal investigations for global companies in industries including chemicals, health care, retail, and energy, assessing potential compliance incidents in various countries around the world
- Negotiating FCPA resolutions and improving compliance structures: We represented The Dow Chemical Co. in an FCPA case involving a subsidiary in India, resulting in a settled, no-admission action with the SEC, which agreed not to impose a compliance monitor
- Executive defense in enforcement situations: We have represented dozens of executives from oilfield services companies, global manufacturing and shipbuilding, telecom, extractive industries, and beverage producers in internal investigations and government enforcement, at times through negotiation of criminal and civil resolutions
- Criminal trial defense: We represented John Mushriqui, who was indicted as part of the “FCPA Sting” case, in the largest FCPA criminal enforcement proceeding ever brought by the Department of Justice against individuals, following the FBI’s first modern use in an FCPA case of tactics such as a sting, an informant, undercover agents, and mass audio-visual surveillance; following a four-month trial, the DOJ dismissed all charges
- Civil enforcement / SEC litigation defense: We represented Mark Jackson, the former CEO/CFO of oilfield-services company Noble Corp., in an SEC enforcement action brought in federal court related to issues in Nigeria; following hotly contested litigation, the SEC agreed on the eve of trial to settle the matter without our client paying any money and without any restriction on his future employment
- Compliance program development and testing: We designed and implemented a company’s third-party risk assessment and diligence processes while the company was under criminal investigation in the U.S. and the UK. We designed a global (100+ countries) company’s process for conducting diligence of all vendors, including initial Office of Foreign Assets Control screening, relevant on-boarding processes, threshold-level diligence for publicly available reputation information, and follow-on diligence for high-risk circumstances. We have developed audit protocols on anti-corruption topics, and frequently design and implement overall anti-bribery and anti-corruption policies, or evaluate and improve the same, for various global companies.
- Daily compliance advice: We provide evaluation of specific risks and compliance controls to various companies on ongoing basis, including assessment and control of joint ventures, joint venture partners, and distributors
Lawyers of the highest integrity who are extremely bright and on top of changes in the law and government enforcement priorities, and are respected and trusted by government prosecutors.Legal 500
Articles
"Companies doing business in China caught in a double bind" by Michael Rosenberg
Continuing tensions between the U.S. and China are creating concerns for multinational companies doing business in China. Last June, China enacted the Anti-Foreign Sanctions Law, designed to counteract “discriminatory restrictive measures employed by foreign nations” against Chinese citizens or...
Buckley Commentary & Analysis"Cross-border internal investigations in Spain" co-authored by Daniel R. Alonso (Anti-Corruption Report)
In recent years, more and more U.S. investigations have touched Spain and various countries within Latin America, in particular Argentina, Brazil, Colombia and Mexico. Loosely speaking, these countries have cultural, language and regional affinities and similarities that make them useful to study...
Articles"New FCPA guide signals laxer successor liability approach" by Paige Ammons and Bree Murphy (Law360)
The U.S. Department of Justice 's and U.S. Securities and Exchange Commission 's recently updated resource guide to the U.S. Foreign Corrupt Practices Act signals a potential relaxation of stringent requirements that have previously been applied to successor liability in mergers and acquisitions...
Articles"How to tackle coronavirus corruption" co-authored by Daniel R. Alonso (Foreign Policy)
Latin America as a region has long had a problem with public corruption, and the coronavirus pandemic has made things worse. As governments shovel public funds to fight the pandemic and its economic fallout, public officials are swindling millions, including in the graft-prone public health sector...
Articles"E-oversight is more important than ever during Covid-19" by Meredith Leeson (Bloomberg Law)
Corporations determined to maintain employee productivity amidst the massive global shift to remote work triggered by the Covid-19 pandemic may not have given as much thought to a critical complication: How to oversee those employees and validate their ongoing compliance with policies, procedures,...
Articles"CARES Act increases oversight and criminal investigations" by Daniel R. Alonso (Bloomberg Law)
The CARES Act will infuse more than $2 trillion into the U.S. economy — the largest such action in history. But if history is any guide, wherever there is a big pot of money, some people will look to steal it. Some desperate individuals might misrepresent their eligibility for unemployment benefits...
Articles"Stronger transatlantic cooperation could be boon for DOJ, ailing U.K. Serious Fraud Office" by Timothy J. Coley (Bloomberg Law)
The Department of Justice has over the past decade collaborated in several high-profile investigations with the Serious Fraud Office, the agency responsible for investigating and prosecuting complex financial crimes in the United Kingdom. Their work in bringing cases related to the Libor and...
Articles"Foreign defendants beware of 'outside the United States' sentencing enhancements" by Paige Ammons
Foreign citizens and companies criminally prosecuted in the United States may face an unwelcome surprise if convicted ─ a higher sentence due solely to the fact that they operated in a foreign country. A little known enhancement in the Federal Sentencing Guidelines governing fraud offenses...
Buckley Commentary & Analysis"Guide to monitorships is essential because of lack of statutes, court precedent" co-authored by Daniel R. Alonso (Law.com)
With some regularity over the past 25 years, government actions against corporate actors have resulted in the imposition of independent monitors. “Monitor” can have multiple meanings, but is usually understood to be an independent third party appointed to ensure compliance with regulatory or court-...
Articles"DOJ corporate enforcement guidelines are placing individual defendants between a rock and a whirlpool" by David S. Krakoff and Bradley A. Marcus (Business Crimes Bulletin)
For companies suspected of wrongdoing, cooperating with Department of Justice (DOJ) investigations and selfdisclosing their misconduct often appears to be their only option to avoid prosecution and reduce large financial penalties. But, these benefits often come at a price, especially to company...
Articles"Only criminals can clean up Argentina’s corruption" co-authored by Daniel R. Alonso (Foreign Policy)
In August, Argentina’s leading newspaper, La Nación , published an explosive report on public corruption. The newspaper obtained notebooks from a former government chauffeur that detailed tens of millions of dollars in bribes the driver delivered over a decade. Bribery was an open secret during the...
Articles"How Clayton’s SEC is likely to view the FCPA" by Daniel R. Alonso (The FCPA Blog)
In the days following President-elect Donald Trump’s announcement of his intention to nominate Sullivan & Cromwell partner Jay Clayton as Chair of the Securities and Exchange Commission, countless observers have opined on how the SEC’s priorities may change in the upcoming administration. One...
ArticlesTaking a Deposition Abroad - It's Not Mission Impossible
Imagine that your client, a multi-national enterprise, is the target of an investigation by the US government into violations of the Foreign Corrupt Practices Act. All of a sudden, plaintiffs' lawyers are circling in federal and state courts, looking to make a civil case out of any alleged...
Articles"Individual and Coordinated Prosecutors Accelerate - Along With The Challenges" by David Krakoff, Lauren Randell, Veena Viswanatha, & Mehul Madia (American Bar Association Criminal Justice Magazine)
For years, federal and state prosecutors have touted their willingness to charge individuals as an essential deterrent to white-collar criminal action, often responding to criticism of prosecutions of corporate entities without any accompanying prosecution of related executives. And for years,...
Articles"Global corruption enforcement becomes focus of U.S. foreign policy" by Daniel R. Alonso (CFO Magazine)
The recent surge in enforcement of the U.S. Foreign Corrupt Practices Act (FCPA) has now reared its head on Wall Street with an aggressive anti-bribery investigation into several large banks. While this specific inquiry focuses on allegations that banks are giving jobs to relatives of well-...
ArticlesWriting the Facilitating Payments Exception Out of the FCPA
Last summer, a lawsuit brought by the Securities and Exchange Commission (SEC) alleging Foreign Corrupt Practices Act (FCPA) violations against two individuals related to Noble Corporation, a global oil and gas drilling services company, nearly went to trial in federal court in Texas. SEC v...
ArticlesMind Your Flanks: Collateral Litigation Associated with FCPA Actions
When allegations of foreign bribery surface — whether from news reports, a whistleblower submission, or otherwise — companies move aggressively to address the many issues associated with a potential investigation by the U.S. Department of Justice (DOJ) and/or the U.S. Securities and Exchange...
ArticlesFCPA: Were the Sting Trials Doomed From the Start?
When the jury in the second Foreign Corrupt Practices Act (FCPA) Sting case trial came back with two acquittals, and hung on three other defendants, the impact of the Department of Justice's (DOJ) ambitious FCPA enforcement efforts was apparent. United States v. Goncalves et al. , No. 09-335 (D.D.C...
ArticlesSeven Steps Companies Can Take to Incentivize Internal Reporting of FCPA Violations
At present, the SEC's Whistleblower Office is receiving about eight whistleblower tips per day, and that number is likely to increase after the first whistleblower is paid. That award is expected shortly. If companies take steps now to enhance their internal reporting policies and procedures, they...
Articles2011 Anti-Corruption Activity in India
James Parkinson authored "2011 Anti-Corruption Activity in India," in The International Lawyer (ABA Section of International Law, 2011 Year-in-Review). This article will be published in Spring 2012.
ArticlesCorruption in Emerging Markets
James Parkinson & Leslie Meredith authored the chapter, "Corruption in Emerging Markets" in the upcoming publication, The US Private Equity Compliance Companion to be published in January 2012.
ArticlesFCPA Update: A Busy December: Highlights of Recent FCPA Enforcement Activity Involving Individuals
This month brought a string of developments related to individual enforcement actions under the US Foreign Corrupt Practices Act. Our partner David Krakoff just secured dismissal of three of six charges against one of the defendants in the long-running criminal FCPA trial here in Washington, D.C.,...
Articles
News & Blogs
SEC fines tech company $2.5 million to settle FCPA charges
On May 26, the SEC announced that a Connecticut-headquartered tech research and consulting company (the “settling company”) agreed to pay nearly $2.5 million to settle claims that it violated the anti-bribery, books and records, and internal accounting controls provisions of the FCPA. According to...
InfoBytesSEC fines Dutch medical supplier $62 million to settle FCPA charges
The SEC recently announced that a global Dutch manufacturer of health technology products agreed to pay more than $62 million to settle claims that it allegedly violated the FCPA with respect to the sale of medical diagnostic equipment in China. According to the SEC’s order , between 2014 and 2019...
InfoBytesSEC fines gaming company $4 million as successor to a company charged with FCPA violations
On March 6, the SEC announced that an Ireland-based global gaming and sports betting company, as successor-in-interest to a company it acquired in 2020 (the “acquired company”), agreed to pay a $4 million civil money penalty to settle claims that the acquired company violated the books and records...
InfoBytesDOJ revises corporate enforcement policy applicable to all criminal matters including FCPA cases
On January 17, Assistant Attorney General Kenneth A. Polite, Jr. delivered remarks at Georgetown University Law Center, during which he announced changes to the DOJ’s Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy . Polite provided background information on the DOJ...
InfoBytesDOJ, SEC reach $460 million FCPA settlement with global technology company
On December 2, the DOJ announced that it fined a Swiss-based global technology company $315 million to settle criminal charges related to allegations that, from 2015 to 2017, the company engaged in a bribery scheme with an electricity provider owned by the South African government. As part of the...
InfoBytesSEC fines tech company $23 million for FCPA violations
On September 27, the SEC announced that a multinational information technology company headquartered in Texas (the “Company”) agreed to pay over $23 million to settle claims that its agents and employees of its subsidiaries in Turkey, the United Arab Emirates (UAE), and India violated the anti-...
InfoBytesBrazilian airline agrees to $41 million FCPA settlement
On September 15, a São Paulo-based domestic airline agreed to pay over $41 million to resolve parallel civil and criminal investigations by the SEC and DOJ . The investigations related to a bribery scheme executed by the airline to secure favorable payroll tax and fuel tax treatment through two...
InfoBytes2nd Circuit affirms acquittal of former transportation and energy industry executive
On August 12, the U.S. Court of Appeals for the Second Circuit upheld a lower court’s decision to partially acquit a former executive of a French multinational transportation and energy company after a federal jury found him guilty of seven counts related to the Foreign Corrupt Practices Act (FCPA...
InfoBytesSEC enters $78 million FCPA settlement with steel pipe manufacturer
On June 6, the SEC announced that a Luxembourg-based manufacturer and supplier of steel pipe products agreed to pay over $78 million to settle the SEC’s claims that it violated the anti-bribery, books and records, and internal accounting controls provisions of the FCPA and the Exchange Act. The...
InfoBytesSEC announces $6.3 million FCPA settlement with largest South Korean telecommunications company
On February 17, the SEC announced that South Korea’s largest telecommunications company agreed to pay $6.3 million to settle the SEC’s claims that the company violated the books and records and internal accounting controls provisions of the FCPA. According to the SEC, the company “lacked sufficient...
InfoBytesBiden outlines anti-corruption strategy
On December 6, the Biden administration released the United States Strategy on Countering Corruption (Strategy) in response to President Biden’s June Memorandum on Establishing the Fight Against Corruption as a Core United States National Security Interest , which designated the “fight against...
InfoBytesEuropean banks resolve Mozambican bond offerings matter
On October 19, multiple agencies—the DOJ, SEC and UK’s FCA—announced a coordinated resolution with a European bank related to debt offerings for entities in Mozambique. (See here and here .) In total, fines to U.S. and U.K. authorities reached almost $475 million, and the institution also agreed to...
InfoBytesSEC enters $19 million FCPA settlement with advertising company
On September 24, the SEC announced that a London-based advertising company agreed to pay over $19 million to settle the SEC’s claims that the company violated the anti-bribery, books and records, and internal accounting controls provisions of the FCPA and the Exchange Act. According to the SEC, the...
InfoBytesGlobal engineering company subsidiary agrees to $43 million FCPA settlement
On June 25, the DOJ entered into a deferred prosecution agreement (DPA) with the subsidiary of a UK-based global engineering company, in which the subsidiary agreed to pay a fine of approximately $18.3 million related to a conspiracy to violate the FCPA’s anti-bribery provisions. Together with...
InfoBytesBiden national security memo takes on corruption
On June 3, President Biden issued a memo designating the “fight against corruption” as a top priority in preserving national security in the United States. The memo notes, among other things, that corruption not only corrodes public trust and development efforts, it also decreases global gross...
InfoBytesMulti-national bank settles FCPA and commodities fraud charges for $130 million
On January 8, the DOJ announced it had entered into a deferred prosecution agreement with a German-based multi-national financial services company (company), in which the company agreed to pay more than $130 million to resolve an investigation into violations of the Foreign Corrupt Practices Act (...
InfoBytesEnergy firm's U.S. affiliate agrees to pay $135 million to settle FCPA violations with CFTC and DOJ
On December 3, the DOJ announced it had entered into a deferred prosecution agreement with the U.S. affiliate of one of the largest energy trading firms in the world, in which the company agreed to pay a combined $135 million in criminal penalties related to two counts of conspiracy to violate the...
InfoBytesDistilled beverage company settles FCPA charges for $19 million
On October 27, the DOJ announced it had entered into a deferred prosecution agreement with a Chicago-based distilled beverage company to pay over $19 million in criminal penalties related to a conspiracy to violate the “anti-bribery, internal controls, and books and records provisions of the FCPA...
InfoBytesGlobal financial institution pays $2.9 billion to settle Malaysian FCPA conspiracy and bribery charges
On October 22, the DOJ announced that it entered into a deferred prosecution agreement with a global financial institution headquartered in New York (the company), in which the company agreed to pay a criminal fine of over $2.9 billion related to violations of the FCPA’s anti-bribery provisions...
InfoBytesBrazilian investment company agrees to pay over $284 million to settle FCPA violations
On October 14, the DOJ announced it had entered into a plea agreement with a Brazil-based investment company that owns companies primarily involved in the meat and agricultural business, in which the company agreed to pay a criminal penalty of over $256 million related to violations of the FCPA’s...
InfoBytesAsphalt company agrees to pay over $16 million to settle FCPA charges
On September 22, the DOJ announced that a Florida-based asphalt company pleaded guilty to conspiracy to violate the anti-bribery provisions of the FCPA, agreeing to pay a $16.6 million criminal fine to resolve the charges. According to the information filed in the U.S. District Court for the...
InfoBytesNutrition company settles DOJ, SEC FCPA charges for over $123 million
On August 28, the DOJ and the U.S. Attorney’s Office for the Southern District of New York announced (see here and here ) they had entered into a deferred prosecution agreement with a multinational nutrition company headquartered in Los Angeles, in which the company agreed to pay a criminal fine of...
InfoBytesNo enforcement action against investment advisor in first FCPA advisory opinion in six years
On August 14, the DOJ issued an FCPA Opinion Procedure Release concluding that a U.S. financial institution’s proposed payment to a foreign government-linked investment bank would not result in an enforcement action. This is the first FCPA advisory opinion issued since 2014. According to the...
InfoBytes$21.7 million FCPA settlement for consumer lender
On August 6, the SEC announced that a South Carolina-based consumer loan company agreed to pay over $21.7 million to settle the SEC’s claims that the company violated the books and records and internal accounting controls provisions of the FCPA through its Mexican loan operations. According to the...
InfoBytesDOJ and SEC release second edition of FCPA resource guide
On July 3, the DOJ and SEC released an update to its longstanding joint FCPA guidance, A Resource Guide to the US. Foreign Corrupt Practices Act, Second Edition (the Guide), which was first released in 2012. The newest edition has been updated to reflect recent case law, insights into DOJ and SEC...
InfoBytesPharmaceutical company settles FCPA-related bribery charges with SEC
On July 2, a Boston-based global pharmaceutical company agreed to pay over $21 million to settle claims by the SEC that the company violated the books and records and internal accounting controls provisions of the FCPA. According to the SEC, Turkish and Russian subsidiaries of the pharmaceutical...
InfoBytesDaniel R. Alonso extensively quoted in Anti-Corruption Report article, “Novartis and subsidiaries settle FCPA cases for $346M, avoiding a monitor despite recidivism”
Daniel R. Alonso was extensively quoted on July 8, 2020 in an Anti-Corruption Report article, “Novartis and subsidiaries settle FCPA cases for $346M, avoiding a monitor despite recidivism,” which discussed Swiss pharmaceutical and healthcare company Novartis AG and its subsidiaries’ $346 million...
In The NewsGlobal pharmaceutical company’s current and former subsidiaries settle alleged FCPA violations with DOJ
On June 25, the DOJ announced it had entered into a deferred prosecution agreement with a subsidiary of a Switzerland-based global pharmaceutical company to pay $225 million in criminal penalties related to alleged violations of the FCPA’s anti-bribery and books and records provisions. The DOJ also...
InfoBytesDaniel R. Alonso quoted in Latin Lawyer article, “Prepare for coronavirus-linked corruption probes, say lawyers”
Daniel R. Alonso was quoted on June 25, 2020 in a Latin Lawyer article, “Prepare for coronavirus-linked corruption probes, say lawyers,” which discussed Latin American corruption triggered by Covid-19, as well as the U.S. Paycheck Protection Program that was created to combat the economic struggles...
In The NewsPreston Burton quoted in NPR article, “Prosecutors move to drop their own case after evidence issue. The judge wants answers”
Preston Burton was quoted on June 12, 2020 in an NPR article, “Prosecutors move to drop their own case after evidence issue. The judge wants answers,” which discussed a case against businessman Ali Sadr Hashemi Nejad, and allegations that the government failed to hand over evidence favorable to the...
In The NewsDOJ unveils charges against Maduro, Venezuelan government officials
On March 26, the DOJ announced criminal charges against numerous current and former Venezuelan government officials, including “Former President” Nicolás Maduro Moros and two Fuerzas Armadas Revolucionarias de Colombia (FARC) leaders. The charges include allegedly engaging in drug trafficking,...
InfoBytesDaniel R. Alonso quoted in Wall Street Journal article, “Coronavirus disrupts U.S. court system”
Daniel R. Alonso was quoted on March 17, 2020 in a Wall Street Journal article, “Coronavirus disrupts U.S. court system,” which discussed decisions across the country to delay trials and limit public access to courthouses, including no new empaneling of grand juries in New York specifically. Alonso...
In The NewsPharmaceutical company settles FCPA-related allegations with SEC
On February 28, an Ohio-based pharmaceutical company agreed to pay over $8.8 million to settle SEC claims that the company violated the books and records and internal accounting controls provisions of the FCPA. According to the SEC, the pharmaceutical company’s former Chinese subsidiary maintained...
InfoBytesDaniel R. Alonso profiled in Latin Lawyer article, “Buckley hires LatAm-focused litigator”
Daniel R. Alonso was profiled on March 3, 2020 in a Latin Lawyer article, “Buckley hires LatAm-focused litigator,” which discussed Alonso’s move to Buckley and the experience he brings to the firm. Alonso said, “Buckley has an FCPA (Foreign Corrupt Practices Act) practice in Washington, DC, but...
In The NewsFrench aerospace company to pay more than $3.9 billion to resolve foreign bribery cases
On January 31, a French aerospace company that manufactures civilian and military aircraft agreed to pay combined penalties of more than $3.9 billion to U.S., French, and UK authorities. The company resolved foreign bribery charges with all three jurisdictions, as well as U.S. violations of the...
InfoBytesSEC settles FCPA charges stemming from Malaysian development fund scheme
On December 16, the SEC announced a resolution with a former executive at a U.S. financial institution to settle allegations that he violated the anti-bribery, internal controls, and books and records provisions of the FCPA by using a third party intermediary to bribe government officials in...
InfoBytesSwedish telecommunications company resolves FCPA allegations with DOJ, SEC
On December 6, the DOJ announced that it entered into a deferred prosecution agreement with a Swedish-based telecommunications company, in which the company agreed to pay more than $1 billion in criminal and civil penalties related to alleged violations of the FCPA’s anti-bribery, books and records...
InfoBytesSouth Korean company agrees to pay $75 million to resolve FCPA claims
On November 22, the DOJ announced that it entered into a deferred prosecution agreement with a South Korean engineering company, in which the company agreed to pay more than $75 million in criminal penalties to resolve an investigation into alleged violations of the FCPA’s anti-bribery provisions...
InfoBytesDOJ again clarifies FCPA enforcement policy
On November 21, the DOJ updated its FCPA Corporate Enforcement Policy to clarify ways in which companies can voluntarily disclose information in an effort to receive leniency from the Department in foreign bribery situations. First, a company does not need to have a complete picture of a possible...
InfoBytesJury convicts former French power company executive of multiple FCPA, money laundering and conspiracy offenses
On November 8, the DOJ announced that a jury had returned a guilty verdict against a British national and former French power and transportation company executive who was accused of bribing Indonesian officials to secure a power contract. Following a two-week trial, the jury convicted the former...
InfoBytesSEC announces several FCPA-related bribery settlements
At the end of September, the SEC announced three settlements resolving claims related to alleged violations of the FCPA. On September 27, a UK-based bank holding company agreed to pay over $6 million to settle alleged charges that it violated the FCPA by hiring relatives of government officials and...
InfoBytesCybersecurity company settles FCPA claims for $11.7 million
On August 29, a cybersecurity company agreed to pay over $11.7 million to settle SEC claims that certain subsidiaries operating in Russia and China violated the books and records and internal accounting controls provisions of the FCPA. The alleged misconduct included certain sales employees at the...
InfoBytesGerman bank to pay $16.2 million for allegedly concealing corrupt hiring practices
On August 22, a German-based bank entered into an administrative order with the SEC agreeing to pay $16.2 million to settle the SEC’s claims that it allegedly concealed corrupt hiring practices. According to the SEC, the bank allegedly violated U.S. laws—including the internal controls and books...
InfoBytesMcDonnell rule does not apply to the FCPA, says 2nd Circuit
On August 9, the U.S. Court of Appeals for the 2nd Circuit affirmed the conviction of a Chinese real estate developer arising from the alleged bribery of United Nations officials. In affirming the conviction, the court held that the U.S. Supreme Court’s holding in McDonnell v. U.S. —that, in cases...
InfoBytesOFAC sanctions corruption network linked to Venezuela’s food subsidy program; DOJ charges two of same individuals for money laundering related to bribery
On July 25, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against two Colombian nationals responsible for “orchestrating a vast corruption network,” which has enabled former President Maduro and his regime “to significantly profit from food imports and...
InfoBytesHungarian subsidiary of multinational technology company settles FCPA claims
On July 22, the DOJ announced an $8.7 million settlement with the Hungarian subsidiary of an American multinational technology company to resolve allegations of bid-rigging and bribery in violation of the FCPA. The SEC simultaneously announced a related resolution with the parent technology company...
InfoBytesSEC defends whistleblower award delay in foreign bribery case
On July 11, the SEC responded to a petition asking the U.S. Court of Appeals for the District of Columbia to compel a whistleblower award determination from the agency. In April 2017, the “John Doe” petitioner had applied for an SEC whistleblower award, claiming that beginning in May 2011 and...
FCPA ScorecardJury acquits former Sarclad executives of U.K. SFO bribery charges
On July 16, a London jury acquitted three former Sarclad executives who had been charged with foreign bribery by the U.K. Serious Fraud Office (SFO). The SFO reportedly failed to prove that the former executives – a managing director, sales head, and project manager – had paid bribes to secure...
FCPA ScorecardTwo businessmen and two former Venezuelan officials charged in investigation related to bribery at state-owned electricity company
On June 24, two businessmen, Luis Alberto Chacin Haddad and Jesus Ramon Veroes, pleaded guilty in federal court in Miami to conspiracy to violate the FCPA. The charges relate to bribes paid to Venezuelan officials at the state-owned and state-run electricity company, Corporación Eléctrica Nacional...
FCPA ScorecardTwo Ecuadorians charged with FCPA conspiracy related to PetroEcuador investigation
On May 9, pursuant to an indictment filed in federal court in Miami without announcement by DOJ, two Ecuadorian citizens were charged with conspiracy to violate FCPA, conspiracy to commit money laundering, and nine counts of money laundering. The indictment was first reported on July 1 by the...
FCPA ScorecardFederal Judge denies Ukrainian billionaire’s motion to dismiss criminal charges, and Austrian Supreme Court grants U.S. extradition request
Judge Rebecca Pallmeyer of the United States District Court for the Eastern District of Illinois denied a motion to dismiss filed by Ukrainian billionaire Dmitry Firtash, allowing several criminal charges––including one count of aiding and abetting an FCPA violation––to proceed. Shortly thereafter...
FCPA ScorecardCEO and director of investment firm convicted of conspiracy to bribe Haitian officials
After a two-week jury trial in the United States District Court for the District of Massachusetts, the CEO of investment firm Haiti Invest, LLC and one of its directors were convicted of conspiracy to violate the FCPA and the Travel Act. Joseph Baptiste, a retired U.S. Army Colonel, was also found...
FCPA ScorecardSFO fines FH Bertling Ltd over $1 million for bribery scheme
On June 3, the UK Serious Fraud Office (SFO) announced that it had fined FH Bertling Ltd £850,000 (approximately $1.08 million) for bribes paid to secure contracts in Angola. The SFO started investigating FH Bertling in September 2014 and announced in July 2016 that it had charged the company and...
FCPA ScorecardExecutive pleads guilty in PDVSA bribery case
On May 29, the DOJ announced that Jose Manuel Gonzalez Testino, a dual U.S.-Venezuelan citizen, pleaded guilty for his role in a bribery scheme involving Petróleos de Venezuela, S.A. (PDVSA) officials. Gonzalez pleaded guilty in the Southern District of Texas to conspiracy to violate the FCPA,...
FCPA ScorecardHawaii man sentenced to 30 months for bribery conspiracy
On May 13, a Hawaiian businessman was sentenced to 30 months imprisonment to be followed by three years of supervised release after pleading guilty in January to a charge of conspiracy to bribe a Micronesian official in violation of the FCPA. The DOJ alleged that the businessman’s consulting...
FCPA ScorecardBrazilian telecom settles World Cup ticket bribery charges for $4.125 million
On May 9, Telefônica Brazil S.A. settled SEC charges that it spent $621,756 on 2014 World Cup tickets and hospitality for Brazilian and foreign government officials. The company will pay $4.125 to settle SEC claims that it violated internal accounting controls and recordkeeping requirements...
FCPA ScorecardOFAC imposes additional oil sector sanctions connected to Venezuela’s defense and intelligence sector
On May 10, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced that it had determined that persons operating in Venezuela’s defense and security sector may be subject to sanctions. Additionally, OFAC imposed sanctions against two companies for their alleged involvement...
InfoBytesFinCEN issues new guidance on virtual currency regulatory framework
On May 9, the Financial Crimes Enforcement Network (FinCEN) issued new guidance designed to consolidate and clarify current FinCEN regulations, guidance, and administrative rulings related to money transmissions involving virtual currency. FinCEN noted that the guidance, “ Application of FinCEN’s...
InfoBytesPresident Trump issues new Iran Executive Order targeting Iran's metal sector; OFAC publishes related FAQs
On May 8, President Trump issued Executive Order 13871 (E.O. 13871) authorizing the imposition of sanctions on persons determined to operate in Iran’s iron, steel, aluminum, and copper sectors. The order is intended to target sectors of the Iranian economy that OFAC has identified as providing “...
InfoBytesOFAC lifts sanctions on former high-ranking Venezuelan official
On May 7, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced it removed sanctions imposed on a former high-ranking Venezuelan official in the Maduro regime after he broke ties with the regime. As previously covered by InfoBytes , the sanctions were imposed in February...
InfoBytesMalaysian national extradited to the United States on embezzlement and FCPA charges in 1MDB Fund scheme
On May 6, the DOJ announced that a Malaysian national was extradited to the United States from Malaysia on charges of conspiracy to embezzle and to violate the FCPA’s bribery and accounting provisions in connection with a scheme relating to the 1Malaysia Development Berhad (1MDB) Fund. Ng Chong Hwa...
FCPA ScorecardUpdated FinCEN advisory warns of continued Venezuelan money laundering attempts
On May 3, the Financial Crimes Enforcement Network (FinCEN) issued an updated advisory to warn financial institutions of continued public corruption and attempted money laundering related to Venezuelan government agencies and political figures. The advisory updates a September 2017 advisory (...
InfoBytesOFAC fines shipping company for apparent sanctions violations
On May 2, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced a $871,837 settlement with a New York global shipping and logistics company, as well as its subsidiaries and affiliates, for five alleged violations of the Weapons of Mass Destruction Proliferators Sanctions...
InfoBytesOFAC publishes A Framework for OFAC Compliance Commitments
On May 2, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced the publication of A Framework for OFAC Compliance Commitments to provide guidance on the essential components of a risk-based sanctions compliance program (SCP) for organizations subject to U.S. jurisdiction...
InfoBytesOFAC regulations address foreign interference in U.S. elections
On April 26, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced regulations effective April 29 implementing Executive Order (E.O.) 13848. As previously covered by InfoBytes , E.O. 13848 was issued last September to authorize sanctions against foreign persons found to...
InfoBytesOFAC sanctions Venezuelan officials connected to Maduro regime
On April 26, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against the two individuals identified as current or former officials of the Government of Venezuela for providing support to former President Maduro’s regime. Financial Crimes Enforcement...
InfoBytesOFAC sanctions Hizballah financier conduits
On April 24, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against two individuals and three entities “acting as conduits for sanctions evasion schemes" for Hizballah finances. The designated entities and individuals are also subject to secondary...
InfoBytesOFAC reaches settlement with New Jersey corporation for alleged Ukrainian sanctions violations
On April 25, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced a $75,375 settlement with a New Jersey corporation for two alleged violations of the Ukraine Related Sanctions Regulations. The settlement resolves potential civil liability for the company’s alleged...
InfoBytesTreasury sanctions Venezuela’s central bank and official connected to Maduro regime; sanctions Nicaraguan bank and official
On April 17, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against Venezuela’s central bank, along with an individual determined to be a current or former official of the Government of Venezuela, for providing support to former President Maduro’s regime...
InfoBytesFATF releases permanent mandate to combat money laundering and other proliferation financing
On April 12, the U.S. Department of the Treasury announced that the Financial Action Task Force (FATF), an international standard setting body, agreed to a permanent mandate for the FATF to continue its work against combating money laundering, terrorist financing, and the financing of the...
InfoBytesGerman-headquartered financial institution to pay $1.3 billion for Iran sanctions violations
On April 15, U.S. regulators announced settlements totaling $1.3 billion with several banking units of a German-headquartered financial institution to resolve allegations by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), the DOJ, the Federal Reserve Board, the New York...
InfoBytesTreasury sanctions key persons in ISIS’ financial network
On April 15, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against seven individuals and one entity for allegedly providing financial support to the Islamic State of Iraq and Syria (ISIS) operating in Europe, Africa, and the Middle East. According to...
InfoBytesOFAC imposes additional oil sector sanctions against companies connected to Maduro regime
On April 12, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against four companies for their alleged involvement in the transportation of oil from Venezuela to Cuba. According to OFAC, the companies’ actions offer support to former President Maduro’s...
InfoBytesU.K. subsea services company and subsidiaries to pay $440,000 for Cuban and Iranian sanctions violations
On April 11, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced two settlements totaling more than $440,000 with a U.K. subsea services company and certain subsidiaries that operate in the oil and gas industry. The first settlement, for $227,500, resolves potential...
InfoBytesOFAC sanctions companies for transporting Venezuelan oil to Cuba
On April 5, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against two non-U.S. companies for their alleged involvement in the transportation of oil from Venezuela to Cuba. According to OFAC, the companies have engaged in a “barter system,” in which...
InfoBytesLondon-based financial institution to pay $1.1 billion for U.S. sanctions violations
On April 9, U.S. and U.K regulators announced that a London-based global financial institution would pay $1.1 billion to settle allegations by the DOJ, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), the Federal Reserve Board, the New York Department of Financial Services (...
InfoBytesNinth Circuit denies rehearing in Bio-Rad FCPA whistleblower retaliation case
On April 8, the Ninth Circuit denied a petition to rehear its February order affirming most of the jury’s award – $8 million of the original $11 million – in a landmark FCPA whistleblower-retaliation case, Wadler v. Bio-Rad Laboratories, Inc. The court denied Bio-Rad’s petition without explanation...
FCPA ScorecardMicronesian official pleads guilty to FCPA money laundering conspiracy
On April 3, the DOJ announced that a Micronesian government official, Master Halbert, pleaded guilty in the District of Hawaii to a money laundering conspiracy “involving bribes made to corruptly secure engineering and project management contracts from the government of the Federated States of...
FCPA ScorecardGerman medical equipment provider settles FCPA claims for $230 million
On March 29, DOJ publicly released a non-prosecution agreement it had entered into in late February with a Germany-based provider of medical equipment and services in which the company agreed to pay over $230 million to settle claims that it violated the anti-bribery, books and records, and...
InfoBytesGerman medical equipment provider settles FCPA claims for $230 million
On March 29, DOJ publicly released a non-prosecution agreement it had entered into in late February with Fresenius Medical Care AG & Co. KGaA (“FMC”), a Germany-based provider of medical equipment and services, in which FMC agreed to pay over $230 million to settle claims that it violated the...
FCPA ScorecardOFAC reaches settlement with tool company for alleged Iranian sanctions violations
On March 27, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced a $1,869,144 settlement with a U.S. tool manufacturer and its China-based subsidiary for 23 alleged violations of the Iranian Transactions and Sanctions Regulations (ITSR). The settlement resolves...
InfoBytesSEC announces $37 million whistleblower award, third-largest in program history
The SEC announced this week that it had awarded a whistleblower $37 million for providing “smoking gun” evidence that led to a successful enforcement action; the substance of the underlying case was not described. This was the third largest whistleblower award given since the SEC’s first award in...
FCPA ScorecardHong Kong energy executive sentenced to three years in prison for Chad and Uganda bribes
According to the DOJ, on March 25 a Hong Kong executive, Chi Ping Patrick Ho, was sentenced in the SDNY to a 36-month prison sentence. Ho headed up CEFC China Energy Company Limited and was sentenced “for his role in a multi-year, multimillion-dollar scheme to bribe top officials of Chad and Uganda...
FCPA ScorecardOFAC sanctions individuals and entities for transferring over a billion dollars and euros to IRGC
On March 26, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against “25 individuals and entities, including a network of Iran, UAE, and Turkey-based front companies,” for allegedly transferring “over a billion dollars and euros” in funds to the Islamic...
InfoBytesOFAC sanctions Venezuela’s national development bank and subsidiaries connected to Maduro regime
On March 22, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against Venezuela’s state-owned national development bank and four subsidiaries located in Venezuela, Uruguay, and Bolivia for allegedly providing financial support to former President Maduro...
InfoBytesOFAC sanctions persons connected to an Iran defense entity
On March 22, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions pursuant to Executive Order 13382 against 14 individuals and 17 entities allegedly connected to Iran's Organization of Defense Innovation and Research (SPND), including “three key SPND front and...
InfoBytesOFAC sanctions Venezuela’s state gold mining company and its president for assisting Maduro regime
On March 19, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against Venezuela’s state-owned metals mining company and the company’s president. According to OFAC, the designations target the “illicit gold operations that have continued to prop up the...
InfoBytesDOJ amends its FCPA Corporate Enforcement Policy, softens disappearing messaging ban
In March 2019, the DOJ amended its FCPA Corporate Enforcement Policy, including to clarify the agency’s position on the use of ephemeral messaging apps by companies seeking full cooperation credit under the policy. Ephemeral messaging apps such as Signal, WhatsApp, and Telegram, now common in many...
FCPA ScorecardNinth Circuit issues opinion in Wadler v. Bio-Rad Laboratories, Inc., remands for possible new trial
On February 26, 2019, the Ninth Circuit issued a long-awaited opinion in Sanford Wadler v. Bio-Rad Laboratories, Inc., et al. The 23-page opinion , slated for publication, takes a mixed view of the trial outcome, vacating in part, affirming in part, and remanding for the district court to determine...
FCPA ScorecardWhite House releases 2020 budget proposal; key areas include appropriations and efforts to combat terrorist financing
On March 11, the White House released its fiscal 2020 budget request, A Budget for a Better America . The budget was accompanied by texts entitled Major Savings and Reforms (MSR), which “contains detailed information on major savings and reform proposals”; Analytical Perspectives , which “contains...
InfoBytesOFAC sanctions Russians for aggression against Ukraine
On March 15, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced its decision to sanction six Russian individuals and eight entities, pursuant to Executive Order 13661 , for “playing a role in Russia’s unjustified attacks on Ukrainian naval vessels in the Kerch Strait,...
InfoBytesOFAC identifies non-U.S. financial institutions on new list of banks facing correspondent account sanctions
On March 14, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced the introduction of the List of Foreign Financial Institutions Subject to Correspondent Account or Payable-Through Account Sanctions (CAPTA list). The CAPTA list will identify foreign financial...
InfoBytesOFAC issues continued extension of Venezuela-related General Licenses
On March 8, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) amended two General Licenses (GL) to extend the expiration date of previous Venezuela-based GLs to May 10 for certain provisions related to sanctions issued against Venezuela’s state-owned oil company pursuant to...
InfoBytesFinCEN updates list of FATF-identified jurisdictions with AML/CFT deficiencies
On March 8, the Financial Crimes Enforcement Network (FinCEN) issued an advisory reminding financial institutions that on February 22, the Financial Action Task Force (FATF) updated two documents that list jurisdictions identified as having “strategic deficiencies” in their anti-money laundering...
InfoBytesOFAC sanctions Russian bank for providing assistance to Venezuelan oil company
On March 11, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against a Moscow-based bank for materially assisting Venezuela’s state-owned oil company, which was sanctioned earlier this year by OFAC pursuant to Executive Order 13850 . (See previous...
InfoBytesDanish company pays approximately $33 million to resolve bribery allegations
Hempel, a Danish company that makes protective coatings used in maritime environments, announced on March 4 that it had settled bribery allegations with the Danish State Prosecutor for Serious and International Crime by paying a $33 million fine. The company self-reported what it called “illegal...
FCPA ScorecardCFTC adds self-reporting of foreign corrupt practices by non-registrants to cooperation program
On March 6, the CFTC issued an enforcement advisory announcing that it would add violations of the Commodity Exchange Act involving foreign corrupt practices to its cooperation and self-reporting program. The CFTC will recommend no civil monetary penalty where companies and individuals which are...
FCPA ScorecardForeign financial institutions warned: Will face sanctions for Maduro regime transactions
On March 6, National Security Advisor Ambassador John Bolton issued a statement warning foreign financial institutions that they will face sanctions if it is determined they have been involved in facilitating illegitimate transactions benefiting former President Maduro’s regime. See here for...
InfoBytesOFAC issues continued extension of Ukraine-related General Licenses
On March 6, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced the issuance of Ukraine-related General Licenses (GL) 13K and 15E, which extend the expiration date of previous Ukraine-based GLs to July 6, 2019 for wind-down transactions for certain companies that...
InfoBytesOFAC sanctions Venezuelan security officials connected to Maduro regime
On March 1, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against six Venezuelan security officials connected to former President Maduro’s “illegitimate regime.” According to OFAC, the sanctions, taken pursuant to Executive Order 13692 , designate the...
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Press Releases & Announcements
Buckley Sandler secures $2.632 billion settlement for Universal Entertainment against Wynn Resorts
WASHINGTON, D.C. (March 8, 2018)—Buckley Sandler LLP represented Universal Entertainment Corporation and its subsidiary Aruze USA, Inc. in securing a $2.632 billion settlement that resolves a six-year lawsuit against Wynn Resorts, Limited. The settlement announced today will resolve all claims...
Press ReleasesDavid Krakoff Named a Law360 Trial Ace
Buckley Sandler is proud to announce that partner David Krakoff has been named one of Law360’s 2015 Trial Aces , an honor recognizing the career accomplishments of the top trial attorneys in the U.S. Selected from a pool of more than 200 attorneys, Mr. Krakoff was one of 50 winners for the...
Press ReleasesBuckley Sandler Establishes International Presence With Opening of London Office
WASHINGTON, DC / LONDON, ENGLAND (September 8, 2014) – Buckley Sandler LLP , a leading financial services and criminal & civil enforcement defense law firm, announced today the opening of its first international office, located in London. James T. Parkinson has relocated from the firm’s...
Press ReleasesFormer CEO of Noble Corp., Mark A. Jackson, Resolves SEC Litigation
WASHINGTON, DC (July 3, 2014) - Today, the Securities and Exchange Commission (SEC) agreed to resolve its claims against Mark A. Jackson, the former CEO of Noble Corporation. The SEC had charged Jackson with violating the Foreign Corrupt Practices Act (FCPA) by approving bribes to Nigerian...
Press ReleasesMark Jackson Denies SEC FCPA Allegations; Will Clear His Name in Court
WASHINGTON, DC--(Marketwire - Feb 24, 2012) - David Krakoff , partner with Buckley Sandler LLP , on behalf of his client Mark A. Jackson, former Chief Executive Officer of Noble Corp., responded to the Complaint filed by the Securities and Exchange Commission (SEC) today in Houston. SEC v. Mark...
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June 6, 2023
SEC fines tech company $2.5 million to settle FCPA charges
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May 26, 2023
SEC fines Dutch medical supplier $62 million to settle FCPA charges
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March 9, 2023
SEC fines gaming company $4 million as successor to a company charged with FCPA violations
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January 20, 2023
DOJ revises corporate enforcement policy applicable to all criminal matters including FCPA cases