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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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On The Eve Of Trial, Battle Over The FCPA’s “Local Law” Affirmative Defense In U.S. V. Ng Lap Seng

Seng2

This previous post highlighted U.S. v. Ng Lap Seng (pictured), a criminal enforcement action involving alleged bribery of United Nations officials that includes FCPA charges. Trial was to begin in late May but was adjourned at the last minute and trial is set to begin today.

As highlighted in this post, on the eve of trial the parties are battling over jury instructions regarding the Foreign Corrupt Practices Act’s “local law” affirmative defense.

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We’ll Have To Wait A Bit Longer To See If The DOJ Can Reverse Its String Of FCPA Trial Debacles

DOJ2

Trial was supposed to begin today in U.S. v. Ng Lap Seng, a criminal enforcement action involving alleged bribery of United Nations officials that includes FCPA charges.

However, last Friday evening the DOJ moved to adjourn the trial until June 26th, a motion that the defense agreed to and was granted by the judge.

It appears that classified materials are a reason for the trial delay.

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Friday Roundup

Roundup

Selective SEC release, scrutiny alert, from the docket, for the reading stack, for your viewing pleasure, and a survey. It’s all here in the Friday roundup.

Selective SEC Release

Since it was filed in December 2011, this site has closely followed the SEC’s long-standing Foreign Corrupt Practices Act enforcement action against former Magyar Telekom executives Elek Straub (former Chairman and CEO); Andras Balogh (former Director of Central Strategic Organization); and Tamas Morvai (former Director of Business Development and Acquisitions) with various FCPA and related offenses. (See here for the prior post).

The complaint alleged, in connection with a bribery scheme in Macedonia and Montenegro, that the individuals violated or aided and abetted violations of the FCPA’s anti-bribery, books and records, and internal controls provisions; knowingly circumvented internal controls and falsified books and records; and made false statements to the company’s auditor.

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From The Dockets

Judicial Decision

This previous post mentioned that the DOJ filed a superseding indictment adding Foreign Corrupt Practices Act charges to its existing 2015 enforcement action against Ng Lap Seng and Jeff Yin.

This previous post highlighted the May 2015 civil case brought by Sanford Wadler (the former General Counsel of Bio-Rad) asserting various employment claims against the company in the aftermath of the company’s 2014 FCPA enforcement action in which it agreed to pay approximately $55 million to resolve DOJ and SEC FCPA enforcement actions.

This post further highlights the DOJ’s individual criminal charges against Ng and Yin as well as the strange twist in the Wadler – Bio-Rad litigation.

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