When the Foreign Extortion Prevention Action (FEPA) was enacted in late 2023 it was portrayed by some as filling a legal gap given that the Foreign Corrupt Practices Act only captures the supply side of “bribery” and not the “demand side” (the “foreign officials” who receive or request bribes).
Like many things written in the FCPA (and related) space, the assertion lacked context because it ignored the fact that the Department of Justice has long used other criminal statutes (most often money laundering laws) to criminally charge “foreign officials” in connection with alleged bribery schemes before and even after FEPA was enacted. (See here).
Thus, was there really a meaningful “gap” that FEPA was actually filling?
The latest example concerns Omar Ambuila (pictured – a Colombian national employed by the Colombian Tax and Customs Directorate).
In 2021, Ambuila was criminally charged with money laundering conspiracy for allegedly abusing his position over several years by accepting bribes paid by importers and exporters with interests overseen by Ambuila and the Colombian Tax and Customs Directorate. Ambuila and his co-conspirators then laundered the money to the United States from Colombia. As part of the scheme, Ambuila and his co-conspirators laundered the funds for Ambuila’s benefit and used the funds to purchase luxury vehicles and pay rent on waterfront property, among other things.
In January 2025, Ambuila plead guilty (see here) and last week the DOJ announced that he was sentenced to 12 years and 7 months in prison and was also ordered to forfeit a 2017 Lamborghini Huracan Spyder and a 2017 Porsche Cayenne that were involved in the money laundering scheme.
In the DOJ release, Matthew Galeotti (Head of the Justice Department’s Criminal Division) stated:
“Criminals who exploit our financial system to launder their illegal gains threaten the security of the United States. When you try to abuse the financial system hard working Americans rely upon, we will find you and prosecute you to the fullest extent of the law.”
Special Agent in Charge John Condon of Homeland Security Investigation Tampa stated:
“HSI special agents, in close coordination with all their law enforcement partners, will always work diligently to pursue those individuals and those networks of bad actors who exploit the legitimate financial system to support criminal activity. This is just another great example of this work.”
Special Agent in Charge Ron Loecker of the IRS Criminal Investigation (IRS-CI) Tampa Field Office stated:
“Let this sentencing serve as a powerful reminder: the United States will not be a sanctuary for those seeking to launder the proceeds of crime. We are relentless in our pursuit of criminals who attempt to exploit our financial systems, and we will use every tool at our disposal to ensure that they face justice. This case underscores our commitment to dismantling transnational criminal operations and holding those responsible accountable, no matter where they try to hide.”
Special Agent in Charge Matthew Fodor of the FBI Tampa Division stated:
“This investigation exemplifies the FBI’s commitment to our federal law enforcement partnerships and the unified effort in identifying, investigating, and prosecuting money laundering schemes.”
