From The Dockets
This post provides updates on the DOJ’s appeal of the new trial recently granted to FCPA defendants Joseph Baptiste and Roger Boncy as well as the SEC’s attempt to serve FCPA defendant Asante Berko.
DOJ First Circuit Appeal
As highlighted in this prior post, in March U.S. District Court Judge Allison Burroughs (D. Mass.) granted Joseph Baptiste and Roger Boncy a new trial based on ineffective assistance of counsel after the defendants were convicted of Foreign Corrupt Practices Act and other charges in connection a Haitian bribery scheme.
SEC’s Recent FCPA Complaint May Reveal Benefits Of Company Compliance But Pleadings May Be Deficient
A guest post from Arnall Golden Gregory LLP attorneys Cory Kirchert and Adriaen Morse. Previously both Kirchert and Morse were Senior Counsel in the SEC’s Enforcement Division.
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Introduction
The U.S. Securities and Exchange Commission (“SEC”) recently filed a case alleging violations of the anti-bribery provisions of U.S. securities laws that raises more questions than it answers. As most practitioners in this area know, press releases (or “litigation releases”) that accompany the announcement of new enforcement cases often discuss a company’s cooperation, in particular when the case came to the SEC’s attention via company self-disclosure or when the SEC wishes to signal that the company’s cooperation contributed to a low penalty or no penalty.
SEC Charges Former Executive Director Of Goldman Sachs International With FCPA Offenses For Arranging A Bribery Scheme In Ghana On Behalf Of A Turkish Energy Company
Yesterday, the SEC announced the filing of a civil complaint charging Asante Berko (pictured – a former Executive Director of Goldman Sachs International) with Foreign Corrupt Practices Act violations and other charges for “orchestrating a bribery scheme to help a client [a Turkish energy company] win a government contract to build and operate an electrical power plant” in Ghana.
The Turkish energy company would appear to be Aksa Enerji (see here and here).
Of note, the SEC alleged that the “Holding Company” – that is Goldman Sachs – violated the FCPA’s anti-bribery provisions. However the SEC’s release states that Goldman Sachs “is not being charged.”
In summary fashion, the complaint alleges: