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
Buckley lawyers advise on all aspects of the Foreign Corrupt Practices Act (FCPA) and anti-corruption law. Whether our clients are building or testing compliance programs, or caught in the cross-hairs of criminal or civil FCPA enforcement, we help them determine the most cost-effective, risk-based response to any anti-corruption scenario.
Our difference is our ability to support any course of action chosen by our clients, around the world. In the U.S., we have deep experience with FCPA prosecutors, both criminal and civil, and are one of the few firms to ever take the government to court — and win — in FCPA matters. We also work in collaboration with counsel worldwide in coordinated multi-jurisdiction enforcement defense matters. We have conducted internal investigations across the globe, including in Europe, Asia, Africa, and the Middle East; collaborated with local counsel on anti-corruption compliance matters in over a dozen non-U.S. jurisdictions; served as on-call counsel for our clients’ most challenging compliance matters; implemented corruption risk due diligence programs in a number of countries; and conducted numerous top-to-bottom reviews of corporate compliance programs.
We pride ourselves on understanding the details of our clients’ businesses, and in bringing 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. This integrated approach pays dividends if an enforcement matter arises. We immediately understand how to evaluate corruption risks and compliance solutions. Moreover, our enforcement work guides our counseling so that new trends and risks are identified and mitigated.
Our team includes several former government enforcement officials, including a 20-year veteran of the Securities and Exchange Commission’s (SEC) Enforcement Division, who investigated numerous high-profile FCPA actions and later served as Chief of the Office of Market Intelligence, where he founded and oversaw the SEC’s whistleblower program. Also on our team are long-time Assistant United States Attorneys from the District of Columbia who have tried dozens of criminal cases, as well as FCPA defense veterans. 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.’”
Examples of our current or recent FCPA representations include:
- Defending against multi-jurisdictional government investigations and civil litigation: Representing Universal Entertainment Corp., a large Japanese gaming manufacturer, and its subsidiary, Aruze USA, Inc., in FCPA-related litigation brought by Wynn Resorts Ltd., as well as in related parallel matters; the case involves one of the first examples of a private party alleging FCPA violations as a method to gain an upper hand in a contract dispute
- Conducting internal investigations, negotiating FCPA resolutions, and improving compliance structures: Represented The Dow Chemical Company in an FCPA case involving a fifth-tier subsidiary in India, resulting in a settled, no-admission action with the SEC, which agreed not to impose a compliance monitor
- Criminal trial defense: Represented an individual (John Mushriqui) indicted as part of the “FCPA Sting” case, the largest FCPA criminal enforcement proceeding against individuals ever brought by the DOJ, following the only modern use by the FBI in an FCPA case of tactics such as a sting, an informant, undercover agents, and mass use of audio-visual surveillance; following a four-month trial, the DOJ dismissed all charges
- Civil enforcement / SEC litigation defense: Represented Mark Jackson, the former CEO/CFO of oilfield services company Noble Corp., in an SEC enforcement action brought in federal court. 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 opportunities
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
"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"Why doesn’t McDonnell apply to foreign bribery?" by Nadav Ariel
Two circuit courts recently concluded that the Supreme Court’s McDonnell decision, which limited the scope of acts that constitute domestic bribery, does not apply in cases alleging bribery of foreign officials. The immediate consequence of the decisions from the U.S. Court of Appeals...
Buckley Commentary & Analysis"DOJ corporate enforcement guidelines are placing individual defendants between a rock and a whirlpool" by David S. Krakoff, Nadav Ariel, 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...
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...
ArticlesIndividual and Coordinated Prosecutors Accelerate - Along With The Challenges
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,...
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...
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.,...
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.
Articles
News & Blogs
SEC 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...
InfoBytesCFPB studies elder financial abuse reported in SARs
On February 27, the CFPB’s Office of Financial Protection for Older Americans released Suspicious Activity Reports on Elder Financial Exploitation: Issues and Trends , which discusses key facts and trends revealed after the Bureau analyzed 180,000 elder exploitation Suspicious Activity Reports (...
InfoBytesDOJ charges two more businessmen with bribery in connection with Venezuelan bribery scheme
In an indictment unsealed on February 26, the DOJ charged a former sales representative and the president of a U.S.-based company with conspiracy to commit bribery, wire fraud, and money laundering, and substantive wire fraud, for their alleged roles in “a scheme to corruptly secure business...
FCPA ScorecardTechnip sets aside $280 million for bribery settlements with multiple countries
On February 20, TechnipFMC, a London-based oil and gas services company, reported in a filing with the SEC that it has set aside $280 million as an estimate for the settlement of investigations by U.S., Brazilian, and French law enforcement authorities regarding potential violations of...
FCPA ScorecardOFAC sanctions Venezuelan governors aligned with Maduro regime
On February 25, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against four Venezuelan governors connected to former President Maduro’s “illegitimate regime.” According to OFAC, the sanctions, taken pursuant to Executive Order 13692 , designate the...
InfoBytesOFAC reaches settlement with U.S. company resolving Iranian sanctions violations
On February 21, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced a $506,250 settlement with a Connecticut-based company for five alleged violations of the Iranian Transactions and Sanctions Regulations (ITSR). The settlement resolves potential civil liability for the...
InfoBytesOCC issues cease and desist order against Japanese bank for BSA/AML issues
On February 22, the OCC announced a cease and desist order against three U.S. branches of a Japanese bank for allegedly violating the Bank Secrecy Act (BSA). According to the order, after an examination of the branches’ BSA/Anti-Money Laundering and OFAC compliance programs, the OCC identified...
InfoBytesSFO declines to prosecute individuals in Rolls-Royce and GSK corruption investigations
The U.K.’s Serious Fraud Office (SFO) announced on February 22 that it was ending two long-running corruption-related investigations – one of aviation company Rolls-Royce and the other of pharmaceutical giant GlaxoSmithKline – without bringing charges against any individuals. In 2017, Rolls-Royce...
FCPA ScorecardCognizant resolves FCPA investigations
On February 15, Cognizant Technology Solutions Corporation, an information technology and business process outsourcing company, paid $25 million to settle SEC civil charges that it violated the FCPA. The SEC alleged that Cognizant paid $3.6 million in bribes through its construction contractor to...
FCPA ScorecardOFAC reaches settlement with non-U.S. chemical manufacturer resolving Cuban sanctions violations
On February 14, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced a $5.5 million settlement with a German chemical manufacturer for 304 alleged violations of the Cuban Assets Control Regulations (CACR). According to OFAC, the settlement resolves the manufacturer’s...
InfoBytesOFAC sanctions officials aligned with Maduro regime
On February 15, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced additions to the Specially Designated Nationals List pursuant to Executive Order 13692 . OFAC’s additions to the list include five current or former officials connected to former President Maduro,...
InfoBytesOFAC sanctions Iranian entities and individuals supporting intelligence gathering and cyber targeting of U.S. persons
On February 13, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against an Iran-based entity and four affiliated Iranian individuals for their alleged roles in providing support for the Islamic Revolutionary Guard Corps-Qods Force’s (IRGC-QF) efforts to...
InfoBytesU.S. Treasury concerned with European Commission's identification of AML/CFT-deficient U.S. territories
On February 13, the U.S. Treasury Department issued a statement responding to a list of jurisdictions published by the European Commission as having strategic deficiencies related to anti-money laundering and countering the financing of terrorism (AML/CFT). The list—which includes certain...
InfoBytesMicronesian official charged with money laundering conspiracy after guilty plea to bribery by Hawaiian executive
On February 11, the Department of Justice (DOJ) unsealed conspiracy to commit money laundering charges against a Micronesian government official alleged to have taken bribes to secure engineering and project management contracts from the government of the Federated States of Micronesia (FSM). The...
FCPA ScorecardOFAC amends Venezuela-related General Licenses and FAQs on sanctioned oil company
On February 11, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) amended two General Licenses (GL) and issued three revised FAQs regarding sanctions against Venezuela’s state-owned oil company pursuant to Executive Order 13850. GL 3C , which supersedes GL 3B, authorizes...
InfoBytesOFAC designates Turkish individual as “Foreign Sanctions Evader” in relation to settlement resolving alleged Iranian sanctions violations
On February 7, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced a $13,381 settlement with a Virginia-based corporation on behalf of its Turkish affiliate for six alleged violations of the Iranian Transactions and Sanctions Regulations (ITSR). The settlement resolves...
InfoBytesFormer Petrofac oil-services sales executive pleads guilty in U.K. to bribery charges
On February 6, the U.K. SFO announced that a former sales executive, David Lufkin, of an oil-services company, Petrofac PLC, had pleaded guilty in the U.K. to 11 counts of bribery regarding payments made in exchange for winning oil-services contracts in Iraq and Saudi Arabia. Lufkin – a British...
FCPA ScorecardOFAC revises Venezuela-related General Licenses on sanctioned oil company, issues new FAQs
On February 1, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) amended two General Licenses (GL) and issued two new FAQs regarding sanctions against Venezuela’s state-owned oil company pursuant to Executive Order 13850. OFAC amended GL 3B to authorize transactions related to...
InfoBytesOFAC reaches settlement with U.S. cosmetics company for alleged North Korean sanctions violations
On January 31, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced a $996,080 settlement with a California-based cosmetics company for 156 alleged violations of the North Korean Sanctions Regulations. According to OFAC, the settlement resolves potential civil liability...
InfoBytesFormer insurance executives charged with laundering bribes to Barbados Minister of Industry
On January 28, DOJ announced charges against the former chief executive and a former senior vice president of a Barbados-based insurance company, Insurance Corporation of Barbados Limited (ICBL). The indictment alleges that the ICBL executives, Ingrid Innes and Alex Tasker, participated in a scheme...
FCPA ScorecardOFAC announces sanctions against Venezuela’s state-owned oil company
On January 28, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced sanctions against Venezuela’s state-owned oil company, PDVSA. As a result, all assets belonging to the company subject to U.S. jurisdiction are blocked, and U.S. persons generally are prohibited from...
InfoBytesOFAC lifts sanctions on designated companies linked to Russian oligarch
On January 27, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) lifted sanctions on three companies identified last April in connection with sanctions imposed against a Russian oligarch. (See previous InfoBytes coverage here on the full list of sanctioned Russian oligarchs and...
InfoBytesOFAC issues temporary extension of Ukraine-related General Licenses
On January 16, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced the issuance of Ukraine-related General Licenses (GL) 13J, 14E, and 16E, which modify the expiration dates of previous Ukraine-based general licenses for wind-down transactions for certain companies that...
InfoBytesTreasury Department sanctions Venezuelan TV mogul over Venezuelan bribery scheme
On January 8, the Treasury Department’s Office of Foreign Assets Control (OFAC) sanctioned Venezuelan individuals and companies, including billionaire news network Globovision owner Raul Gorrin Belisario and former Venezuelan National Treasurer Claudia Patricia Diaz Guillen, for their participation...
FCPA ScorecardOFAC adds illicit foreign exchange operation participants to Specially Designated Nationals List; issues Venezuela-related General License and new FAQ
On January 8, the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) announced additions to the Specially Designated Nationals List pursuant to Executive Order 13850 . OFAC’s additions to the list include seven individuals—including former Venezuelan government officials—and 23...
InfoBytesEletrobras reaches settlement of FCPA violations in Brazil
On December 26, Brazil’s Centrais Elétricas Brasileiras S.A. – Eletrobras (Eletrobras or the company) entered into an administrative order to settle the SEC’s claims that Eletrobras violated the books and records and internal accounting controls provisions of the FCPA and agreed to pay a civil...
FCPA ScorecardPolycom reaches settlement of FCPA violations in China
On December 26, Polycom, Inc. (Polycom or the company), a wholly-owned subsidiary of Plantronics, Inc., entered into an administrative order to settle claims by the SEC that Polycom violated the books and records and internal accounting controls provisions of the FCPA. The alleged conduct involved...
FCPA ScorecardUK court convicts former Alstom executive
On December 19, a UK Court found former Alstom Power Ltd. Global Sales Director Nicholas Reynolds guilty of conspiracy to corrupt in connection with his role in bribing Lithuanian officials to win lucrative power station contracts for the French power and transportation company. Mr. Reynolds will...
FCPA ScorecardNY-based financial institution and various individuals charged in Malaysia
On December 17 and 19, press reports indicate Malaysian prosecutors filed criminal charges against a New York-based financial institution and numerous individuals, including former executives of the financial institution, in connection with their alleged roles in a multi-billion bribery and money...
FCPA ScorecardSEC charges former senior executives of Panasonic Avionics
On December 18, the former CEO and CFO of U.S.-based Panasonic Avionics Corporation (PAC) settled SEC charges that they knowingly violated books and records and internal accounting controls provisions of the federal securities laws and caused similar violations by PAC’s parent company, Osaka, Japan...
FCPA ScorecardOECD study finds that government officials punished in only one-fifth of bribery cases
On December 11, the Organization for Economic Cooperation and Development (OECD) published a study examining the consequences faced by public officials who allegedly accepted bribes. The study analyzed 55 foreign-bribery cases concluded between 2008 and 2013 in which companies based in OECD...
FCPA ScorecardFormer officer of Venezuela oil company pleads guilty to obstruction
On December 10, a former procurement officer of Petroleos de Venezuela S.A. (PDVSA), Venezuela’s state-owned and state-controlled energy company, pleaded guilty to one count of obstructing an investigation into bribes paid by the owner of U.S.-based companies to Venezuelan government officials in...
FCPA ScorecardLauren R. Randell quoted in Business Insurance article, “DOJ policy shift could trigger increased demand for D&O cover”
Lauren R. Randell was quoted on December 11, 2018 in a Business Insurance article, “DOJ policy shift could trigger increased demand for D&O cover,” which discussed Deputy U.S. Attorney General Rod Rosenstein’s announcement of modifications to the “Yates memo” — the 2016 Memorandum on Individual...
In The NewsU.S.-based agriculture company discloses investigation
On November 30, a U.S.-based agriculture company, CHS Inc., disclosed in an SEC filing that it is cooperating with an investigation being conducted by the SEC and DOJ involving payments made to Mexican customs officials. The payments were made in connection with grain shipments crossing the U.S.-...
FCPA ScorecardUK Serious Fraud Office ends first deferred prosecution agreement with Standard Bank
On November 30, the United Kingdom’s Serious Fraud Office (SFO) announced the successful conclusion of the deferred prosecution agreement entered into in 2015 with Standard Bank PLC, which had followed allegations that payments were made by two former employees to bribe members of the Tanzanian...
FCPA ScorecardBuckley Sandler Special Alert: DOJ announces new policy on pursuing individuals in corporate resolutions
U.S. Deputy Attorney General Rod Rosenstein said at a conference this morning that the U.S. Department of Justice has revised its guidelines relating to corporate resolutions with the DOJ, particularly as those guidelines relate to charging culpable individuals. The revised guidelines modify the...
FCPA Scorecard
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...
Press Releases
Our Foreign Corrupt Practices Act & Anti-Corruption Team
Partners
FYI
"Stronger transatlantic cooperation could be boon for DOJ, ailing U.K. Serious Fraud Office" by Timothy J. Coley (Bloomberg Law)
"Foreign defendants beware of 'outside the United States' sentencing enhancements" by Paige Ammons
"Why doesn’t McDonnell apply to foreign bribery?" by Nadav Ariel
Recent Blog Posts
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December 20, 2019
SEC settles FCPA charges stemming from Malaysian development fund scheme
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December 10, 2019
Swedish telecommunications company resolves FCPA allegations with DOJ, SEC
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December 5, 2019
South Korean company agrees to pay $75 million to resolve FCPA claims
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November 22, 2019
DOJ again clarifies FCPA enforcement policy
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November 14, 2019
Jury convicts former French power company executive of multiple FCPA, money laundering and conspiracy offenses
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October 1, 2019
SEC announces several FCPA-related bribery settlements
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September 4, 2019
Cybersecurity company settles FCPA claims for $11.7 million
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August 27, 2019
German bank to pay $16.2 million for allegedly concealing corrupt hiring practices
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August 15, 2019
McDonnell rule does not apply to the FCPA, says 2nd Circuit
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August 1, 2019
OFAC sanctions corruption network linked to Venezuela’s food subsidy program; DOJ charges two of same individuals for money laundering related to bribery
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July 24, 2019
Hungarian subsidiary of multinational technology company settles FCPA claims
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July 19, 2019
SEC defends whistleblower award delay in foreign bribery case
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July 19, 2019
Jury acquits former Sarclad executives of U.K. SFO bribery charges
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July 18, 2019
Two businessmen and two former Venezuelan officials charged in investigation related to bribery at state-owned electricity company
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July 18, 2019
Two Ecuadorians charged with FCPA conspiracy related to PetroEcuador investigation
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June 28, 2019
Federal Judge denies Ukrainian billionaire’s motion to dismiss criminal charges, and Austrian Supreme Court grants U.S. extradition request
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June 28, 2019
CEO and director of investment firm convicted of conspiracy to bribe Haitian officials
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June 7, 2019
SFO fines FH Bertling Ltd over $1 million for bribery scheme
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May 30, 2019
Executive pleads guilty in PDVSA bribery case
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May 17, 2019
Hawaii man sentenced to 30 months for bribery conspiracy
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May 17, 2019
Brazilian telecom settles World Cup ticket bribery charges for $4.125 million
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May 15, 2019
OFAC imposes additional oil sector sanctions connected to Venezuela’s defense and intelligence sector
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May 15, 2019
FinCEN issues new guidance on virtual currency regulatory framework
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May 15, 2019
President Trump issues new Iran Executive Order targeting Iran's metal sector; OFAC publishes related FAQs
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May 10, 2019
OFAC lifts sanctions on former high-ranking Venezuelan official
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May 10, 2019
Malaysian national extradited to the United States on embezzlement and FCPA charges in 1MDB Fund scheme
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May 8, 2019
Updated FinCEN advisory warns of continued Venezuelan money laundering attempts
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May 3, 2019
OFAC fines shipping company for apparent sanctions violations
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May 3, 2019
OFAC publishes A Framework for OFAC Compliance Commitments
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May 2, 2019
OFAC regulations address foreign interference in U.S. elections
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May 2, 2019
OFAC sanctions Venezuelan officials connected to Maduro regime
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May 2, 2019
OFAC sanctions Hizballah financier conduits
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April 30, 2019
OFAC reaches settlement with New Jersey corporation for alleged Ukrainian sanctions violations