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Ng Files Motion To Dismiss

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As highlighted in this prior post, in November 2018 the DOJ criminally charged former Goldman Sachs executives Tim Leissner and Ng Chong Hwa (Roger Ng) (along with Low Taek Jho – Jho Low) with Foreign Corrupt Practices Act offenses for paying bribes to various Malaysian and Abu Dhabi officials in connection with 1Malaysia Development Berhad (1MDB), Malaysia’s state-owned and state-controlled investment development company.

Leissner pleaded guilty and in October Goldman Sachs resolved a net $1.66 billion FCPA enforcement action based on the same conduct. (See additional posts here and here).

Ng is mounting a defense and recently filed this motion to dismiss (an entire section of which is redacted). As highlighted below, Ng argues that the DOJ’s case against him suffers from several factual errors and legal deficiencies. Ng also suggests that the DOJ scripted Leissner’s guilty plea and that Goldman’s DPA was entered into for reasons of risk aversion and otherwise compromises his ability to defend himself.

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FCPA Flash Podcast – A Conversation With Joan Meyer And Matthew Ridings About Privilege Issues In Internal Investigations

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The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.

This FCPA Flash podcast episode is a conversation with Thompson Hine attorneys Joan Meyer and Matthew Ridings. During the podcast, Meyer and Ridings use two FCPA related civil actions (here and here) to discuss privilege issues associated with internal investigations.

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A Compliance Professional Speaks

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[This post was originally published on FCPA Professor on November 12, 2014 by an anonymous compliance professional]

When you’re the Chief Compliance Officer (“CCO”) of a company that ends up in the middle of one of “those” all-encompassing FCPA investigations (as if there’s any other kind), people often want to know . . . what is it like?  How does it feel to be at ground zero of pure FCPA adrenaline?   This is my answer,  based on my repeated experiences.  I wish I could say it just happened once.  This is also based on my discussions with other CCOs.

It’s a rollercoaster with few ups and a lot of downs.

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Friday Roundup

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Sentenced, just saying, scrutiny alerts and updates, fallout, and what’s the difference? It’s all here in the Friday roundup.

Sentenced

As highlighted in this prior post, earlier this year Frank James Lyon (the owner of Lyon Associates Inc. – a privately held engineering and consulting company headquartered in Hawaii) pleaded guilty to violating the Foreign Corrupt Practices Act (based on things of value provided to officials in the Federated States of Micronesia) as well as paying bribes to an agent of an organization receiving federal funds (based on things of value provided to officials with a Hawaii governmental agency – State Agency).

As highlighted in this DOJ release, Lyon was recently sentenced to 30 months in prison.

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Judge “Deeply Troubled” By DOJ’s Outsourcing Of Investigations

McMahon

Resolution documents in corporate Foreign Corrupt Practices Act enforcement action frequently highlight the company’s cooperation, making witnesses available for interviews, identification and translation of relevant documents, etc. (see here for an example).

Given this typical dynamic in corporate FCPA enforcement actions, this recent decision by U.S. District Court Judge Colleen McMahon (pictured – Chief Judge of the S.D.N.Y), while outside the FCPA context, is FCPA relevant in that Judge McMahon stated that she was “deeply troubled” by the DOJ’s outsourcing of investigations.

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