On Sale: Corsa Coal Resolves $1.2 Million Enforcement Action After The DOJ Concludes It Is Unable To Pay The Remaining $31.5 Disgorgement Amount
In 2021, the DOJ announced that Frederick Cushmore Jr. (an individual employed by Corsa Coal in various international sales positions) was criminally charged and plead guilty to a conspiracy charge to violate the FCPA’s anti-bribery provisions in connection with a bribery scheme in Egypt. (See here for the prior post).
In 2022, the DOJ announced that Charles Hunter Hobson (an individual employed by Corsa Coal in a variety of roles) was also criminally charged in connection with the same core conduct. (See here for the prior post). The enforcement action against Hobson remains active with the next status conference scheduled for April 3rd.
Recently, the DOJ posted this “declination with disgorgement” letter to Corsa Coal’s counsel on its FCPA website.
SEC Brings $4 Million Enforcement Action Against An Irish Company (The Successor In Interest To A Canadian Company) For Paying Consultants In Russia In An Effort To Legalize Poker In Russia
This recent post about the Rio Tinto FCPA enforcement action posed the lingering question of whether FCPA enforcement is a convenient cash cow for the U.S. government. After all, when several former FCPA enforcement officials suggest as much, what are the rest of us supposed to think?
After all, in the Rio Tinto matter the U.S. extracted $15 million from a company (with headquarters in Australia and the United Kingdom) after the SEC found that the company hired a French investment banker and close friend of a former senior Guinean government official as a consultant to help the company retain mining rights in Guinea. Even though both Australia and the United Kingdom have laws and law enforcement resources to adequately address the conduct at issue, the SEC nevertheless got involved because the company had American Depository Shares that traded on a U.S. exchange.
Earlier this week (and on the same day as the Rio Tinto matter was announced), the SEC also announced a $4 million FCPA enforcement action against Flutter International (a company headquartered in Ireland) – the successor in interest to The Stars Group (a company that was headquartered in Canada) – based on the finding that the “Company paid approximately $8.9 million to consultants in Russia in support of the Company’s operations and its efforts to have poker legalized in that country.” Even though both Ireland and Canada have laws and law enforcement resources to adequately address the conduct at issue, the SEC nevertheless got involved because The Stars Group at one time had shares traded on a U.S. exchange.
SEC Extracts $15 Million From Rio Tinto In First Corporate Enforcement Action Of 2023
In the minds of some (including former FCPA enforcement officials – see here), Foreign Corrupt Practices Act enforcement is a convenient cash cow for the U.S. government.
Those who believe this will find new support in the first corporate FCPA enforcement action of 2023.
The basic findings are as follows.
Approximately 12 years ago, Rio Tinto (a metal and mining company with headquarters in Australia and the United Kingdom) hired a French investment banker and close friend of a former senior Guinean government official as a consultant to help the company retain mining rights in Guinea.
Even though both Australia and the United Kingdom have laws and law enforcement resources to adequately address the conduct at issue, the U.S. nevertheless extracted $15 million from Rio Tinto because the company had American Depository Shares that traded on a U.S. exchange.
Bribes As “Breakfast” And “Breakfast Servings”
Earlier this week the DOJ announced that “Glenn Oztemel (who worked as a senior oil and gas trader at two Connecticut-based trading companies (Trading Company #1 and Trading Company #2) and Eduardo Innecco (a dual Brazilian and Italian citizen who worked as an oil and gas broker and agent for Trading Company #1 and Trading Company #2 in Brazil) were charged with FCPA and related offenses for an alleged Brazil bribery scheme.
As highlighted here, Oztemel was previously employed by Freepoint Commodities LLC.
In summary fashion, the indictment alleges: