FCPA Related Charges Archives

Potpourri

By Mike Koehler on February 13, 2023 in FCPA Related Charges, Voluntary Disclosure

Humorous

It is always a bit humorous (among other things) when a former FCPA enforcement official changes his/her position on a topic when they leave the government and go into or back into private practice (as nearly all do).

While at the DOJ, Daniel Kahn (like other FCPA enforcement officials) was a big proponent of voluntary disclosure.

However, in this Law360 article, commenting on recent DOJ policy charges (see here for the prior post) Kahn stated that the discount for companies that self-disclose is a nice reward, but that there is still a question about whether it will incentivize companies to report if they were otherwise not inclined to disclose or cooperate.

Potpourri

By Mike Koehler on February 7, 2023 in FCPA Related Charges, Keppel Offshore & Marine, Venezuela

Judicial Bribery

As highlighted in this article:

“A Venezuelan Supreme Court justice and former president of that court [Maikel Jose Moreno Perez] has been indicted in Florida on charges he accepted bribes totaling around $10 million in exchange for leniency or case dismissals, spending the money on luxury homes and vacations abroad.”

According to the indictment, the bribes were intended to influence the justice to resolve cases in a manner favorable to Venezuelan contractors who owned companies that received funds from Venezuelan government-controlled entities. Certain of the bribe payments were used to purchase real estate in the U.S. and/or passed through U.S. bank accounts.

Friday Roundup

By Mike Koehler on October 21, 2022 in Arturo Carlos Murillo Prijic, FCPA Related Charges, Foreign Official, Foreign Officials, New Age Beverages

Back to the Bolivian tear gas contract, more misinformation from the FCPA Blog, and surprising.

It’s all here in the Friday roundup.

Back to the Bolivian Tear Gas Contract

This May 2021 post highlighted a DOJ enforcement action against Bryan Berkman, Luis Berkman, Philip Lichtenfeld and Sergio Mendez for their roles in a Bolivian bribery scheme to secure a tear gas contract. Bryan Berkman, a U.S. citizen, was described as owning a Florida company (“Intermediary Company”) that sold tactical equipment including to the Bolivian Ministry of Defense. Sergio Mendez, a citizen of Bolivia, served as an official in the Bolivian Ministry of Government. Luis Berkman, also a U.S. citizen and Bryan’s father, was described as a “close associate” of Mendez as well as an “associate” of co-conspirator 1 (described as a high ranking official in the Bolivian Ministry of Government). Lichtenfeld, a U.S. citizen, is described as an associate of the Berkmans and Mendez.

Seventh Circuit: “The United Nations Convention Against Corruption Is Not Binding Federal Law”

By Mike Koehler on March 24, 2022 in Biomet, FCPA Related Charges, United Nations Convention Against Corruption, Zimmer Holdings

It has not been a good month for Instituto Mexicano del Seguro Social (IMSS – the Mexican Social Security Institute) in U.S. appellate courts.

This recent post discussed a Sixth Circuit decision affirming the dismissal of a civil lawsuit on forum non conveniens grounds filed by IMSS against Stryker in the aftermath of the company’s FCPA enforcement action which involved, among other conduct, alleged bribery of IMSS officials.

As highlighted in this prior post, in 2017 Biomet became an FCPA repeat offender as the DOJ and SEC brought a parallel FCPA enforcement action in which the company agreed to an overall settlement amount of $30.4 million. A portion of the enforcement action involved conduct in Mexico and in the words of the DOJ: “Biomet’s subsidiaries used a customs broker whose five subagents bribed Mexican customs officials to allow Biomet to export mislabeled products to Mexico.” In the words of the SEC: “Biomet subsidiary 3i Mexico engaged Mexican Customs Broker and certain subagents to pay bribes to Mexican customs officials for the purpose of circumventing Mexican customs laws regarding importing unregistered and improperly labeled products into Mexico.”

DOJ Announces Money Laundering Charges Against Odebrecht Agents In Connection With Bribery Scheme Involving Their Close Relative Panamanian Official

By Mike Koehler on November 16, 2021 in FCPA Related Charges, Luis Enrique Martinelli Linares, Odebrecht, Ricardo Alberto Martinelli Linares

With increasing frequency the Department of Justice is using money laundering statutes to criminally charge participants in alleged bribery scheme. (See here for the recent post documenting the trend).

In the latest example, yesterday the DOJ announced the unsealing of a June 2020 criminal complaint against agents associated with Odebrecht in connection with the company’s 2016 FCPA enforcement action (see here for the prior post).

According to the complaint, Luis Enrique Martinelli Linares (a citizen of Panama and Italy) and his brother Ricardo Alberto Martinelli Linares (also a citizen of Panama and Italy), both of whom travelled several times to the U.S. during the relevant time period, “participated in the Odebrecht bribery scheme by, among other things, serving as intermediaries for bribe payments and the provision of other things of value that Odebrecht offered and provided to the Panama Government Official. According to the complaint, both defendants “were close relatives” of the Panama Government Official.

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