Principal Associate Deputy Attorney General Miller On Voluntary Disclosure, Compensation Clawback, And National Security
September 21, 2023
It is September which means enforcement agency officials hit the “conference circuit” to give scripted speeches.
Today it was Principal Associate Deputy Attorney General Marshall Miller speaking at a private event to discuss “the Justice Department’s corporate criminal enforcement priorities” specifically (in what is perhaps a laughable statement to many who closely follow DOJ enforcement activity) the DOJ’s “commitment to consistency, predictability, and transparency in our corporate enforcement work …”.
Miller began by talking about voluntary disclosure and stated:
September 20, 2023
Most in the Foreign Corrupt Practices Act space learn when the DOJ announces criminal FCPA charges against individuals. Thereafter, the tendency (including by myself) is to sort of forget about many of the individual cases.
However, recently I examined the dockets for all individuals criminally charged with FCPA offenses since January 1, 2017 and was surprised to learn that a meaningful percentage of these cases are slumbering with no substantive activity recorded in quite some time.
Thus, when viewing DOJ FCPA individual enforcement action statistics it is important to keep in mind that many of these cases are slumbering and are not being actively prosecuted.
September 19, 2023
This post takes a look at FCPA enforcement actions involving conduct (in whole or in part) in the following Southeast Asian countries: Malaysia, the Philippines, Laos, and Myanmar.
The enforcement action concerned alleged bribes to various Malaysian and Abu Dhabi officials in connection with 1Malaysia Development Berhad (1MDB), Malaysia’s state-owned and state-controlled investment development company.
September 18, 2023
Since 2014, the FCPA Institute has elevated the Foreign Corrupt Practices Act knowledge and practical skills of professionals from around the world. The FCPA Institute began as an in-person event, but shifted to Zoom in 2020. The Zoom event is time and cost efficient and has resulted in greater participation from professionals from around the world.
The next FCPA Institute – Zoom will be offered on October 10-12 and consists of 9 hours of integrated and cohesive instruction (each day from 8:30-11:30 central) led by Professor Koehler, an FCPA expert with FCPA practice and teaching experience.
September 15, 2023
FCPA Defendant Passes Away
As highlighted in this prior post, in August 2021 the DOJ announced that Naman Wakil, a Syrian national and U.S. lawful permanent resident, was “arrested in Miami on charges related to his alleged role in a scheme to bribe Venezuelan officials and launder funds to obtain contracts from Venezuela’s state-owned and state-controlled energy company, Petróleos de Venezuela S.A. (PDVSA), and Venezuela’s state-owned and state-controlled food company that purchased food for Venezuela, Corporación de Abastecimiento y Servicios Agrícola (CASA).”
Since his arrest, Wakil was confined to home detention “except for court appearances, attorney visits, religious services, or pre-approved activities by the probation officer.” In early June 2023, the judge granted an unopposed motion to modify the conditions of Wakil’s release to allow him to “leave his residence subject to a curfew between 8:00 p.m. to 8:00 a.m.”