DOJ reached a settlement in a civil forfeiture case against a Los Angeles mansion belonging to a former Armenian government official's family. The mansion will be forfeited to the U.S., which will then sell the property, retaining 85% of the proceeds. The remaining funds will be sent to the sons of the former official, Gagik Khachatryan, and a corporation that the sons own. The forfeiture is part of the resolution of a foreign corruption scheme prosecuted by DOJ.

Mexican national Abraham Cigarroa Cervantes, former finance director of waste management firm Stericycle's Latin American wing, was charged with violating the Foreign Corrupt Practices Act for helping bribe officials in Brazil, Mexico and Argentina, DOJ announced March 19.

DOJ likely will continue expanding its cooperation with foreign governments in investigating and prosecuting Foreign Corrupt Practices Act violations, Miller & Chevalier lawyer John Davis said in an interview. After a year that saw DOJ cooperate with South Africa and Colombia for the first time, Davis said, the agency will seek to work with more Latin American and European nations on FCPA enforcement.

The recently enacted Foreign Extortion Prevention Act (FEPA) will close a long-standing gap in anti-corruption enforcement by enabling the U.S. government to prosecute non-U.S. government officials who solicit or receive bribes, Dechert said in a Jan. 22 legal update.

The U.S. brought enforcement actions under the Foreign Corrupt Practices Act against 13 companies in 2023, resulting in $776 million in penalties, a drop from the $1.5 billion in penalties announced in 2022 but up from $282 million in penalties from 2021, a Jan. 2 FCPA Blog post said. While the 2023 penalty total value was lower than in 2022, there were more companies penalized than in either 2022 or 2021, which saw eight and four companies, respectively, penalized. The blog said the average resolution amount announced by DOJ and the SEC was $59.6 million, with total financial settlements the lowest since 2021 and the second lowest since 2015.

Consumer goods conglomerate 3M agreed to pay over $6.5 million to settle charges it violated the Foreign Corrupt Practices Act's internal controls provisions, the SEC announced Aug. 25. 3M's China-based subsidiary allegedly arranged for Chinese government employees of state-owned healthcare facilities to travel to international conferences, educational events and healthcare facility visits as part of the subsidiary's "marketing and outreach efforts."

The U.S. Supreme Court's recent decision in SEC v. Cochran could usher in the end of the agency's in-house court for most cases, including Foreign Corrupt Practices Act matters, according to Richard Cassin, founder of the FCPA blog. Should this happen, Cassin said in a June 12 post, it would be hard to imagine how the SEC could maintain its current level of enforcement activity.

Technological research firm Gartner settled charges that it violated the Foreign Corrupt Practices Act, agreeing to pay over $2.5 million, the SEC said in a May 26 order implementing cease-and-desist proceedings. The company allegedly bribed officials of the South Africa Revenue Service (SARS) to "obtain and retain business from" SARS. The SEC said a manager of Gartner's consulting wing authorized the firm to enter into subcontracts with an unnamed South African information technology consulting firm, adding that the manager either knew or disregarded the possibility that the money paid to the tech firm would be paid to the SARS officials in exchange for contracts. Under the settlement, the company will pay $1.6 million in civil penalties, $675,974 in disgorgement and $180,790 in prejudgment interest.

DOJ’s Foreign Corrupt Practices Act Unit is investigating U.S. pharmaceutical company Pfizer for its activities in Mexico, the company disclosed in an SEC filing this month. Pfizer said the agency’s FCPA Unit sent an “informal request” in March “seeking documents relating to our operations in Mexico.” The company is “producing records pursuant to this request.” The probe comes after Pfizer in 2012 reached an agreement with DOJ to resolve FCPA violation charges and as the company handles requests from the FPCA unit for activities in China and Russia, according to its SEC filing.

U.S. agencies’ enforcement of the Foreign Corrupt Practices Act is off to a “slow start” this year, although announcements could “accelerate through the year,” Miller & Chevalier said in its spring 2023 review of FCPA developments. The firm noted that companies are “continuing to evaluate questions” arising from recent DOJ policy changes affecting FCPA compliance, including when to disclose violations, how to manage employees’ use of personal devices and how much cooperation with the agency is required to minimize potential penalties (see 2301190031, 2303030056 and 2304050081). The firm noted DOJ officials have said “further guidance on how these policies will apply in specific facts and circumstances will come from the announcement of future dispositions.”