Ericsson will plead guilty and pay a criminal penalty of more than $206 million after breaching provisions of a 2019 deferred prosecution agreement (DPA) stemming from Foreign Corrupt Practices Act violations, DOJ said March 3. Ericsson also will plead guilty to engaging in a “long-running scheme to violate" the FCPA by paying bribes, falsifying books and records, and "failing to implement reasonable internal accounting controls in multiple countries around the world,” DOJ said.
The Bureau of Industry and Security will increase the number of penalties it issues against corporations for export violations this year, an effort it hopes will lead to improved industry compliance, the top export BIS enforcement official said last week. DOJ also will concentrate more resources on targeting export violators, a top agency official said, and plans to significantly expand its Export Control Section.
Swiss commodity trading and mining giant Glencore was ordered to pay $700 million after pleading guilty to violating the Foreign Corrupt Practices Act in a bribery scheme spanning several countries. The U.S. District Court for the Southern District of New York approved the settlement in a Feb. 27 order, and the company will pay a $428.5 million fine and $272 million in forfeiture as part of a plea deal reached in May 2022 (see 2205270044) (U.S. v. Glencore International, S.D.N.Y. # 22-00297).
Swedish telecommunications giant Ericsson announced Feb. 28 that Laurie Waddy will step down as the company's chief compliance officer after nearly four years in the role. Waddy has stood at the center of Ericsson's compliance efforts amid alleged violations of the Foreign Corrupt Practices Act.
Glenn Oztemel of Westport, Connecticut, and Eduardo Innecco, a dual Brazilian and Italian citizen, were charged in an indictment unsealed in the District of Connecticut on Feb. 17 in a Foreign Corrupt Practices Act scheme, DOJ announced. The duo allegedly violated the FCPA and committed money laundering as part of a scheme to pay bribes to Brazilian officials to obtain contracts from the Brazilian state-owned energy company Petroleo Brasileiro-Petrobras, DOJ said.
Martin Weinsten and Jeffrey Clark, former attorneys at Willkie Farr, have joined Cadawalader Wickersham as partners in the Global Litigation Group in Washington D.C., the firm announced. Weinstein will head the firm's global compliance, investigations and enforcement practice, where his work will center on Foreign Corrupt Practices Act proceedings and other investigative and enforcement matters including fraud, whistleblowing and money laundering. Clark's practice will also center on FCPA cases and "other types of international business and white collar litigation."
David Stier, former trial attorney at DOJ, has joined DLA Piper as a partner in the litigation practice in Washington, D.C., the firm announced. Stier worked at DOJ for over 12 years, filling various roles, though most recently working as an attorney in the money laundering and asset recovery section's Bank Integrity Unit. In this role, Stier led Bank Secrecy Act, sanctions, bribery, money laundering, Foreign Corrupt Practices Act and fraud investigations, the firm said.
The State Department this week designated Ricardo Alberto Martinelli Berrocal, former president of Panama, for “significant corruption.” Martinelli pleaded guilty in 2021 for his role in a bribery scheme that violated the Foreign Corrupt Practices Act (see 2112150016). The designation also applies to Martinelli's immediate family members.
DOJ this week released its revised criminal corporate enforcement policies for voluntary self-disclosures, outlining new criteria companies must meet to qualify for declinations even in cases where there are aggravating factors. The new updates, which are the “first significant changes” to the Criminal Division’s corporate enforcement policies (CEP) since 2017, offer companies “new, significant, and concrete incentives to self-disclose misconduct,” Assistant Attorney General Kenneth Polite said, speaking at Georgetown Law Center. He also said they give companies incentives to “go far above and beyond the bare minimum when they cooperate with our investigations.”
Multinational conglomerate Honeywell will pay $202.7 million to resolve anti-corruption Foreign Corrupt Practices Act investigations with both U.S. and Brazilian authorities, the company said in a Dec. 19 press release. The conduct subject to the investigations involved Honeywell's operations in Brazil with the state-owned Petroleo Brasileiro (Petrobras) and an intermediary, Unaoil.