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Convicted FCPA Felon Ng Ordered To Pay Lawyer $1.9 Million


As highlighted in this prior post, in 2017 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.”

In 2018 Seng was sentenced to 48 months in prison and three years of supervised release. In addition, Seng was ordered to pay a $1 million fine, $302, 977 in restitution to the United Nations and the judge also ordered a forfeiture money judgment of $1.5 million. In March 2021, Seng was granted a compassionate release from prison and deported to China.

Recently, in a civil lawsuit brought by the Law Firm of Hugh H. Mo, P.C., Ng was ordered to pay $1.9 million to the firm for services rendered in connection with the FCPA enforcement action. (See 2002 WL 17363951).

The decision, after a bench trial conducted by Judge Alvin Hellerstein (S.D.N.Y) provides a rare glimpse into representing a criminal FCPA defendant and the lawyers and services involved in such a representation.

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ABB Becomes The First Company To Resolve THREE FCPA Enforcement Actions


The first time ABB resolved a Foreign Corrupt Practices Act enforcement action was in 2004 concerning conduct in Nigeria, Angola and Kazakhstan.

The second time ABB resolved an FCPA enforcement action was in 2010 concerning conduct in Mexico as well as in connection with the Iraqi U.N. Oil for Food program.

Since 2017 (see here for the prior post), ABB has been under additional FCPA scrutiny and last Friday ABB became the first company to resolve an FCPA enforcement action for a third time. The latest enforcement action concerned conduct in South Africa and the net FCPA settlement amount was $147.5 million (a DOJ component of net $72.5 million and an SEC component of net $75 million).

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Guilty Pleas In Marshall Islands Bribery Case


As highlighted here, in September the DOJ announced that two Marshall Island nationals (Cary Yan and Gina Zhou – pictured) arrived in the U.S. after being extradited from Thailand based on 2020 criminal charges that the individuals violated the Foreign Corrupt Practices Act (and other laws) in connection with an alleged scheme to bribe elected officials in the Republic of the Marshall Islands (RMI) in exchange for passing certain legislation.

According to the indictment, Yan and Zhou acted as officers, directors, employees, and agents of a New York City based non-governmental organization (NGO) and, while in New York City and other locations in U.S. territory, to offer and pay bribes to government officials in the RMI to pass certain legislation that would benefit the business interests of Yan, Zhou and their associates.

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This Week On FCPA Professor


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.

This post highlights the many slumbering individual FCPA enforcement actions by the DOJ.

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Acting Principal Deputy Assistant Attorney General Nicole Argentieri On ….


Yesterday Acting Principal Deputy Assistant Attorney General Nicole Argentieri delivered this speech at the annual FCPA dog and pony show.

The speech touched on three issues: (i) the “Criminal Division’s continued cooperation with our international partners and … how [the DOJ] is expanding those relationships to combat corruption and other offenses; (ii) “recent FCPA enforcement actions against both corporations and individuals” and (iii) the DOJ’s “recent policy enhancements on corporate criminal enforcement, including Deputy Attorney General (DAG) Monaco’s revisions announced in September.”

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