It is relatively common for the DOJ to allege a foreign bribery scheme, but “only” charge an individual with money laundering. These cases tend to involve alleged “foreign official” bribe recipients who – courts have concluded – are not subject to the FCPA anti-bribery provisions.
The DOJ has also criminally charged individuals in what “sounds” like an FCPA violation, but an FCPA violation is not alleged (see here for instance).
But what about the DOJ specifically alleging that an individual violated the FCPA’s anti-bribery provisions, yet the DOJ not charging the individual with FCPA anti-bribery violations?
As highlighted below, in recent months the DOJ has made this curious charging decision three times.