DOJ’s recent sanctions-related subpoenas of Credit Suisse Group and UBS Group are more evidence of the agency’s increasing “emphasis” on corporate enforcement, Rahman Ravelli said in an April 6 client alert. The agency launched a probe on both Swiss banks to examine whether they helped Russian oligarchs evade sanctions, Bloomberg reported last month, and Rahman Ravelli said the effort is part of a “wave of subpoenas” issued by DOJ in recent weeks.
A recent announcement by DOJ that revises how it assesses corporate compliance programs’ approach to communications platforms (see 2303030056) may be “impractical” and “could threaten the more important, everyday work being done by compliance departments,” said Billy Jacobson, former assistant chief for Foreign Corrupt Practices Act Enforcement at DOJ. Although the revised policies seek to update the criteria the agency uses in its Evaluation of Corporate Compliance Programs guidance document to take into account a company’s approach to messaging applications -- including WhatsApp -- they may not work well in practice, Jacobson said.
The former head of cryptocurrency exchange FTX, Sam Bankman-Fried, pleaded not guilty on March 30 during a proceeding at the U.S. District Court for the Southern District of New York to bribing Chinese authorities, Reuters reported. The bribery charge, filed as a violation of the Foreign Corrupt Practices Act, was added to Bankman-Fried's indictment this week and alleges that the former executive paid around $40 million in cryptocurrency to one or more Chinese government officials to "induce them" to unfreeze certain cryptocurrency trading accounts held by Alameda Research, one of Bankman-Fried's other companies (see 2303280037) (U.S. v. Samuel Bankman-Fried, S.D.N.Y. # 22-00673).
DOJ announced the resolution of two civil cases in a Texas district court on March 27 in which the government recovered around $53.1 million, including a promissory note worth $16 million, that played a part in a bribery scheme in Nigeria that violated the Foreign Corrupt Practices Act. The $53.1 million mark represented the "net liquidated value" of assets taken from Nigerian businessmen Kolawole Akanni Aluko and Olajide Omokore.
The U.S. this week charged FTX founder Sam Bankman-Fried with violating the Foreign Corrupt Practices Act's anti-bribery provisions. Filing a superseding indictment at the U.S. District Court for the Southern District of New York March 27, the U.S. Attorney's Office said Bankman-Fried and others paid around $40 million in cryptocurrency to one or more Chinese government officials to "induce them" to unfreeze certain cryptocurrency trading accounts held by one of Bankman-Fried's companies, Alameda Research (U.S. v. Samuel Bankman-Fried, S.D.N.Y. # 22-00673).
Ericsson pleaded guilty to breaching its 2019 deferred prosecution agreement with DOJ relating to its violations of the Foreign Corrupt Practices Act. The company admitted to violating the FCPA and agreed to pay over $206 million in criminal penalties during a proceeding at the U.S. District Court for the Southern District of New York, Bloomberg reported (U.S. v. Ericsson, S.D.N.Y. # 19-00884).
Trade lawyers are expecting a sharp increase in DOJ export control and sanctions prosecutions in the coming months as the agency’s Counterintelligence and Export Control Section undergoes a hiring spree, and several law firms said the increased attention on sanctions violations may cause some companies to bolster their compliance programs.
Roger Ng, former managing director of The Goldman Sachs Group, was sentenced on March 9 to 10 years in prison for violating the Foreign Corrupt Practices Act as part of the 1Malaysia Development Berhad scandal, the U.S. Attorney's Office for the Eastern District of New York said. Federal prosecutors sought 15 years for the investment banker.
Australian mining giant Rio Tinto will pay a $15 million civil penalty to the Securities and Exchange Commission to settle claims the company violated the Foreign Corrupt Practices Act by bribing a Guinean government official to retain mining rights in the country.
DOJ last week announced “significant changes” to how it assesses corporate compliance programs’ approach to communications platforms, which could impact whether the agency offers to resolve an investigation without criminal charges. Under the revised policies, companies that claim to not have access to emails and other electronic information related to a DOJ probe may have to prove to the agency that they can’t access those messages, Assistant Attorney General Kenneth Polite said.