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Bribery Involving World Bank Officials

world bank

[This post is part of a periodic series regarding “old” FCPA enforcement actions]

As noted in this post, one interesting aspect of the recently announced Foreign Corrupt Practices Act enforcement action against Joseph Baptiste is he previously entered into a plea agreement but does not intended to honor the plea agreement.

As highlighted below, the FCPA enforcement action against Ramendra Basu (a former World Bank official) for, among other things, alleged bribery in Kenya involved a similar dynamic and this post summarizes the enforcement action as well as a related enforcement action against Gautam Sengupta (a former World Bank Task Manager).

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In Connection With Undercover Sting, DOJ Unseals Criminal Charges Against Joseph Baptiste For Alleged Haitian Bribery

Baptiste

Yesterday, the DOJ announced that Joseph Baptiste (pictured – a retired U.S. Army Colonel, practicing dentist, and former founder/president of a Maryland-based Haitian focused non-profit) was criminally charged “for his alleged role in a foreign bribery and money laundering scheme in connection with a planned $84 million port development project in Haiti.”

According to this FBI Agent affidavit in support of the criminal complaint, during the time period relevant to the complaint Baptiste served as the president of an entity headquartered in Maryland that purported to be a non-profit organization with the stated mission of helping the impoverished in Haiti” and further served as a member of the board of directors of Company A, an LLC organized under Delaware Law. According to the affidavit, Company A’s mission was to promote a port development project in an area of Haiti known as Moles Saint Nicolas.

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Mulling Over Moser’s Recent FCPA Remarks

people thinking

Recently Sandra Moser (Principal Deputy Chief, Fraud Section, DOJ) delivered these remarks (provided to me by the DOJ) at an event titled “Global Forum on Anti-Corruption in High Risk Markets.”

This post provides commentary on the remarks ranging from how best to incentivize compliance, the U.S. “piling” on foreign law enforcement actions, individual accountability, DOJ transparency in resolving FCPA enforcement actions, and the DOJ’s FCPA Pilot Program.

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For The First Time In Six Years, The DOJ Prevails In A Contested FCPA Proceeding When Put To Its Ultimate Burden Of Proof

Justice Dept

Last week, for the first time in six years, the DOJ prevailed in a contest FCPA proceeding when put to its burden of proof.

As highlighted in this DOJ release, after a four week trial a federal jury convicted Ng Lap Seng of two counts of violating the Foreign Corrupt Practices Act, one count of paying bribes and gratuities, one count of money laundering and two counts of conspiracy “for his role in a scheme to bribe United Nations ambassadors to obtain support to build a conference center in Macau that would host, among other events, the annual United Nations Global South-South Development Expo.”

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DOJ Quietly Releases Another “Declination With Disgorgement” – This One $4 Million Regarding CDM Smith Inc.

cdmsmith

Those who were predicting that FCPA enforcement would wane in a Trump administration were encouraged to take a deep breath. (See here for the prior post). Among other things, it was noted that “if you believe that FCPA enforcement will decline in a Trump administration then you presumably must think that the DOJ and the SEC will start refusing to “process” corporate voluntary disclosures” (the single largest source of corporate FCPA enforcement actions).

Here is a fact to contemplate. The number of DOJ corporate FCPA enforcement actions in the first five months of the Trump administration (2 – both originating from corporate voluntary disclosures) equals the number of DOJ corporate FCPA enforcement actions in 2015 (2).

Yesterday, the DOJ once again quietly updated its FCPA Pilot Program “declinations” page to release this June 21st letter agreement addressed to Nathaniel Edmonds (Paul Hastings) counsel for CDM Smith Inc. (“CDM Smith”), a privately held engineering and construction firm incorporated and headquartered in Boston, Massachusetts.

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