Top Menu

The Randomness Of FCPA Sentences

random

Under the advisory U.S. Sentencing Guidelines, there are a number of factors (such as the defendant’s criminal history, value of the improper payment, and acceptance of responsibility) that can impact an individual sentence for Foreign Corrupt Practices Act offenses.

Yet, it appears that the single greatest factor influencing FCPA sentences is the judge assigned to the case. As highlighted by the below recent representative examples, there is a randomness to FCPA sentences. This is unfortunate, as individual sentences for FCPA offenses ought to be consistent. Indeed, consistency in application of the law is one of the fundamental hallmarks of the rule of law.

Continue Reading

At FCPA Sentencing, Judge Goes Off On Various Aspects Of FCPA Enforcement

Judge Garaufis

While Foreign Corrupt Practices Act enforcement is largely devoid of judicial scrutiny, sentencing of individual defendants remains a judicial function and provides a rare (and often overlooked) public glimpse of someone other than the enforcement agencies weighing in on issues relevant to FCPA enforcement.

Sentencing transcripts not only capture advocacy moments seldom publicly seen in FCPA enforcement, but also telling unscripted comments concerning FCPA enforcement.  For instance, while the enforcement agencies and others often portray bribery as a black and white issue, judges sentencing FCPA individual defendants often see shades of gray.

Several examples are highlighted in the book “The FCPA in a New Era” and another noteworthy example concerns recent remarks made by Nicholas Garaufis (Senior District Judge, E.D.N.Y. – nominated to the bench by President Clinton) in sentencing Samuel Mebiame, a Gabonese national connected to Och-Ziff who pleaded guilty to conspiracy to violate the FCPA’s anti-bribery provisions in connection with African mining projects.

Continue Reading

Friday Roundup

Roundup

Mebiame sentenced, a multi-billion dollar settlement in Brazil, remember that, and for the reading stack. It’s all here in the Friday roundup.

Mebiame Sentenced

As highlighted in this prior post, in August 2016 the DOJ unsealed a criminal complaint charging Samuel Mebiame, a Gabonese national connected to Och-Ziff, with conspiracy to violate the FCPA’s anti-bribery provisions in connection with African mining projects. In December 2016, Mebiame pleaded guilty. (See here).

Earlier this week, the DOJ announced that Mebiame was sentenced to 24 months in prison.

Continue Reading

Friday Roundup

Roundup

FCPA sentence, scrutiny alerts and updates, flummoxed, lots of time to watch film, and for the reading stack. It’s all here in the Friday roundup.

FCPA Sentence

This December 2016 post highlighted the DOJ’s announcement of FCPA conspiracy charges and plea agreements against four individuals (Daniel Perez, Kamta Ramnarine, Victor Valdez, and Douglas Ray) associated with Hunt Pan Am Aviation in connection with a Mexican bribery scheme.

Perez and Ramnarine were both previously sentenced to three years probation and Valdez was sentenced to 1 year and a day in federal prison, 2 years of supervised release, and ordered to pay approximately $91,000 in restitution.

Yesterday, Ray was sentenced to 18 months in federal prison, 3 years of supervised release, and ordered to pay approximately $590,000 in restitution.

Continue Reading

Friday Roundup

Roundup

Is ISO 37001 a flop?, scrutiny alerts and updates, and for the reading stack. It’s all here in the Friday roundup.

Is ISO 37001 a Flop?

Microsoft has been under FCPA scrutiny since March 2013.

This recent blog post by David Howard (Microsoft’s Corporate Vice President & Deputy General Counsel) titled “An Update on Microsoft’s Approach to Compliance” caught my eye. It begins:

Continue Reading

Powered by WordPress. Designed by WooThemes