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Father – Son Charged With FCPA Conspiracy In Connection With Sargeant Marine Action

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Some Foreign Corrupt Practices Act enforcement actions slip through the cracks.

The mid-December 2020 enforcement action against Jorge Luz and his son Bruno Luz in connection with the Sargeant Marine enforcement action (see here and here for prior posts) appears to be one such action as the DOJ never issued a press release and the actions are not even mentioned on the DOJ’s FCPA website.

The Sargeant Marine enforcement action concerned conduct in Brazil, Venezuela and Ecuador and the Luz enforcement action was based on the same core Brazil conduct alleged in the Sargeant Marine (SMI) matter. As highlighted in this prior post, five individuals were previously charged with FCPA offenses in connection with the SMI matter and the Luz enforcement action continues the clustering dynamic often seen in DOJ FCPA individual enforcement actions (that is, most corporate FCPA actions lack related individual charges, yet a few corporate enforcement actions involve 5+ related individual actions).

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Corporate FCPA Repeat Offenders

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As highlighted in this post, 17 companies have resolved FCPA enforcement actions – not once – but twice. Eight of these instances have occurred since 2017.

Note: this post uses the term repeat offender to mean a business organization that has resolved more than one FCPA enforcement action regardless of which agency (DOJ or SEC) brought the enforcement action; regardless of the form of resolution (plea agreement, NPA, DPA, administrative order, etc.) and regardless of whether the charges or findings were anti-bribery violations or books and records and internal controls violations in connection with foreign bribery issues. This post does not include instances in which a company resolved an enforcement action concerning foreign bribery and then resolved an action implicating the books and records and internal controls in a so-called non-FCPA FCPA enforcement action. (See here and here for examples). Nor does it include instances in which there was a time gap between a DOJ enforcement action and an SEC enforcement action based on the same core conduct (for instance Las Vegas Sands and Beam).

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The “Foreign Officials” Of 2020

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A “foreign official.”

Without one, there can be no FCPA anti-bribery violation (civil or criminal).  Who were the alleged “foreign officials” of 2020?

This post highlights the alleged “foreign officials” from 2020 corporate DOJ and SEC FCPA enforcement actions.

There were 12 core FCPA enforcement actions in 2020. Of the 12 actions, 100 (83%) involved, in whole or in part, employees of alleged state-owned or state-controlled entities (“SOEs).

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FCPA Flash Podcast – A Conversation With Philip Urofsky Regarding 2020 FCPA Developments

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The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.

This FCPA Flash podcast episode is a conversation with Philip Urofsky (Shearman & Sterling and former DOJ FCPA prosecutor). Recently, the firm issued it always information “Recent Trends and Patterns in Enforcement of the FCPA” and during the podcast Urofsky talks about: (i) the impact COVID had on 2020 FCPA enforcement; (ii) transparency and consistency in FCPA enforcement; (iii) jurisdictional issues associated with enforcement actions against foreign companies; and (iv) the unusual Beam enforcement action and what it says about FCPA enforcement.

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This Week On FCPA Professor

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FCPA Professor has been described as “the Wall Street Journal concerning all things FCPA-related,” and “the most authoritative source for those seeking to understand and apply the FCPA.”

Set forth below are the topics discussed this week on FCPA Professor.

As highlighted here, Deutsche Bank joined the FCPA repeat offender club by resolving a second enforcement action in just 16 months.

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