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Many FCPA Enforcement Actions Involve Gaining Access To Confidential Information

confidential

In several Foreign Corrupt Practices Act enforcement actions, the end result of things of value being offered or provided to alleged “foreign officials” is the company gaining access to confidential documents in the government’s possession.

Which ones?

This post summarizes the nearly twenty FCPA enforcement actions which fit the above description in whole or in part (in addition to this week’s FCPA enforcement action against Amec Foster Wheeler and related entities).

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Issues To Consider From The Amec Foster Wheeler / John Wood Group Enforcement Action

Issues

This prior post highlighted the net $17.7 million FCPA enforcement action against U.K. companies Amec Foster Wheeler Energy, which was acquired by Amec Plc in 2014, which in turn, was acquired by John Wood Group Plc in 2017.

This post continues the analysis by highlighting additional issues to consider.

Timeline

As highlighted in this previous post, in Spring 2017 the company disclosed:

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U.K. Companies Resolve Net $17.7 Million FCPA Enforcement Action Concerning Conduct In Brazil

WoodFoster

Approximately 7-10 years ago, a U.K. corporation (#1) engaged in alleged improper conduct with alleged Brazilian officials largely through a Brazilian intermediary company with the assistance of an Italian agent. Approximately 7 years ago, a different U.K. corporation (#2) acquired U.K. corporation #1 and then approximately 4 years ago another U.K. corporation (#3) acquired U.K. corporation #2.

And then, the U.S. government brought an FCPA enforcement action against U.K. corporation #1 because, at one time, the company had shares traded on NASDAQ – even though in connection with the same core conduct the U.K. Serious Fraud Office and Brazil law enforcement also brought an enforcement action.

That pretty much sums up last Friday’s net $17.7 million FCPA enforcement action against Amec Foster Wheeler Energy, which was acquired by Amec Plc in 2014, which in turn, was acquired by John Wood Group Plc in 2017.

The enforcement action was the first corporate FCPA enforcement action of the Biden administration and closed the approximate six month gap in corporate FCPA enforcement.

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Issues To Consider From The Vitol Enforcement Action

Issues

This prior post highlighted the net $90 million Foreign Corrupt Practices Act enforcement action against Vitol for conduct in Brazil, Ecuador and Mexico. This prior post took a closer look at the net $28.8 million enforcement action brought by the Commodity Futures Trading Commission based on the same core conduct.

This post continues the analysis by additional issues to consider from the FCPA enforcement action.

Gaining Access to Confidential Information

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Vitol Resolves Net $90 Million FCPA Enforcement Action For Conduct In Brazil, Ecuador And Mexico

vitol

Last week the DOJ announced that Vitol Inc., the U.S. affiliate of the Vitol group of companies, which together form one of the largest energy trading companies in the world, agreed to resolve a net $90 million FCPA enforcement action for conduct in Brazil, Ecuador and Mexico.

As noted in the DOJ release (and as will be explored in a future post) “Vitol has also agreed to disgorge more than $12.7 million to the Commodity Futures Trading Commission (CFTC) in a related matter and to pay the CFTC a penalty of $16 million related to trading activity not covered” by the DOJ enforcement action.

Under the heading “The Brazil Bribery Scheme” this criminal information alleges:

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