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Potpourri

Potpourri

Ericsson

As highlighted in this prior post, in 2019 Ericsson (a Swedish telecom company with American Depositary Shares traded in the U.S.) resolved a $1.06 billion FCPA enforcement action concerning conduct in Djibouti, China, Vietnam, Kuwait, Indonesia, and Saudi Arabia.

As part of the resolution, Ericsson was required to engage an independent compliance monitor for a three-year period.

In late 2022, Ericsson announced “that it has agreed with the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) to extend the term of the Company’s Independent Compliance Monitor for one year, to June 2024.” (See here for the prior post).

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A Look At The Aguilar Jury Instructions

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Late week, a federal jury in Brooklyn convicted Javier Aguilar “for his role in a scheme to bribe Ecuadorean and Mexican government officials and to launder money to secure contracts worth hundreds of millions of dollars for his then-employer, Vitol Inc. (Vitol), the U.S. affiliate of the largest independent energy trading firm in the world.” (See here for the prior post).

The trial is believed to be only the 22nd trial in the FCPA’s 47 years.

Which means that FCPA jury instructions are also rare.

Set forth below are portions of the FCPA jury instructions in the trial.

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Aguilar Convicted Of FCPA And Related Offenses

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In the FCPA’s 45 years, there have been only 21 trials (based on my research).

The FCPA’s 22nd trial began in early January in a courtroom in the Eastern District of New York.

The case is U.S. v. Javier Aguilar. (See here for the prior post detailing the charges).

Late Friday, the DOJ announced that a federal jury in Brooklyn convicted Aguilar “for his role in a scheme to bribe Ecuadorean and Mexican government officials and to launder money to secure contracts worth hundreds of millions of dollars for his then-employer, Vitol Inc. (Vitol), the U.S. affiliate of the largest independent energy trading firm in the world.”

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A Focus On The FCPA’s Local Law Affirmative Defense

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This post highlighted the recent ruling in U.S. v. Aguilar that employees of Pemex Procurement International Inc. (PPI) – a wholly-owned affiliate of PEMEX – are not “public servants” for purposes of the relevant Mexican law.

After the ruling, Aguilar’s counsel (Quinn Emanuel) moved “for a partial judgment of acquittal on the money laundering conspiracy count, insofar as it asserts that Mr. Aguilar conspired to launder money in connection with (1) violations of Mexican antibribery law and (2) violations of the Foreign Corrupt Practices Act (FCPA) involving alleged payments to PPI employees.

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In The Aguilar Trial, Judge Rules That Employees Of A Wholly-Owned Affiliate Of PEMEX Are Not “Public Servants”

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Last month, a rare Foreign Corrupt Practices Act trial began in New York.

The case is U.S. v. Javier Aguilar. (See here for the prior post detailing the charges and here for an article providing an overview of the trial).

Last week, with the trial nearing its conclusion, the judge in the case (Eric Vitaliano – E.D.N.Y.) issued a meaningful decision concluding that employees of Pemex Procurement International Inc. (PPI) – a wholly-owned affiliate of PEMEX – are not “public servants” for purposes of the relevant Mexican law.

In doing so, Judge Vitaliano rejected the DOJ’s position that an entity is state-owned by virtue of its parent corporation being state-owned and stated that the “government does not easily give up the ghosts” and was “grasp[ing] at the straw.” Continue Reading

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