Dmitrij Harder Archives - FCPA Professor

Potpourri

By Mike Koehler on December 3, 2018 in Chi Ping Patrick Ho, CHS Inc., Dmitrij Harder, FCPA Sentences, FCPA Trial, FCPA Trials, Laureate Education, Trade Barriers and Distortions

Scrutiny Alerts

CHS Inc., an agricultural cooperative, disclosed:

“In the fourth quarter of fiscal 2018, we contacted the U.S. Department of Justice and SEC to voluntarily self-disclose potential violations of the FCPA in connection with a small number of reimbursements the Company made to Mexican customs agents in the 2014-2015 time period for payments the customs agents made to Mexican customs officials in connection with inspections of grain crossing the U.S.-Mexican border by railcar. We are fully cooperating with the government, including with the assistance of legal counsel, which assistance includes investigating other areas of potential interest to the government. We are unable at this time to predict when our or the government agencies’ review of these matters will be completed or what regulatory or other outcomes may result.”

Friday Roundup

By Mike Koehler on November 9, 2018 in Cognizant Technology Solutions, Dmitrij Harder, FCPA Jurisprudence, FCPA Sentences, Goldman Sachs, Vantage Drilling

Affirmed, very distressing, scrutiny updates, and for the reading stack. It’s all here in the Friday roundup.

Affirmed

As highlighted in this previous post, in July 2017 Dmitrij Harder was sentenced to 60 months (5 years) in federal prison and also ordered to forfeit $1.9 million after pleading guilty to two counts of violating the FCPA for “bribing an official at the European Bank for Reconstruction and Development (EBRD).”

The Randomness Of FCPA Sentences

By Mike Koehler on July 24, 2017 in Dmitrij Harder, FCPA Sentences

Under the advisory U.S. Sentencing Guidelines, there are a number of factors (such as the defendant’s criminal history, value of the improper payment, and acceptance of responsibility) that can impact an individual sentence for Foreign Corrupt Practices Act offenses.

Yet, it appears that the single greatest factor influencing FCPA sentences is the judge assigned to the case. As highlighted by the below recent representative examples, there is a randomness to FCPA sentences. This is unfortunate, as individual sentences for FCPA offenses ought to be consistent. Indeed, consistency in application of the law is one of the fundamental hallmarks of the rule of law.

Friday Roundup

By Mike Koehler on April 22, 2016 in 21st Century Fox, Anything of Value, AT&T, Citibank, CreditSuisse, Dmitrij Harder, Golf, HSBC Holdings, JPMorgan, Julius Baer Group, KPMG, Newmont Mining, Nike, Petrofac, PTC, Related Foreign Investigations, SQM, Standard Chartered, Statute of Limitations, UBS

Harder pleads guilty, scrutiny alerts and updates, when the dust settles, visual proof, and golf. It’s all here in the Friday roundup.

Harder Pleads Guilty

As highlighted in this post, in January 2015 the DOJ announced a Foreign Corrupt Practices Act enforcement action against Dmitrij Harder for allegedly bribing an official with the European Bank for Reconstruction and Development. Harder is a Russian national, naturalized German citizen and permanent resident of the U.S. and the former owner and President of Chestnut Consulting Group Inc. and Chestnut Consulting Group Co. both based in Pennsylvania.

The enforcement action was notable in that it invoked the rarely used “public international organization” prong of the FCPA’s “foreign official” definition.

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The Randomness Of FCPA Sentences

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