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Senators Renew Request That CFIUS Review U.S. Transactions Of FCPA Violator

JBS

As highlighted in this prior post, in October 2020 J&F Investimentos S.A. (a private investment holding company based in Brazil that owns approximately 250 companies primarily involved in the meat and agriculture business) and a related entity JBS as well as J&F owners Joesley Batista and Wesley Batista resolved a net $155 million Foreign Corrupt Practices Act enforcement action for allegedly bribing Brazilian officials.

Recently, in this letter to Secretary of Treasury Janet Yellen, U.S. Senators Marco Rubio (R-FL) and Bob Menendez (D-NJ) renewed their request that the Committee on Foreign Investment in the United States (CFIUS) conduct a formal review of the transactions of Brazilian meatpacking conglomerate JBS S.A., its holding company J&F Investimentos, and any entity owned or controlled by Wesley and Joesley Batista.

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Suspension And Debarment In The Aftermath Of An FCPA Enforcement Action

debarment

Previous posts here and here highlighted the recent net $155 million FCPA enforcement action against J&F Investimentos S.A. (a private investment holding company based in Brazil that owns approximately 250 companies primarily involved in the meat and agriculture business) and a related entity for allegedly bribing Brazilian officials.

In the aftermath of the enforcement action, Representative Rosa DeLauro (D-Conn and Vice Chair of the House Agriculture Appropriations Subcommittee responsible for funding the U.S. Department of Agriculture) recently sent this letter to the USDA Secretary requesting that it “initiate suspension and debarment proceedings against JBS USA, the U.S. subsidiary of the Brazilian-owned and controlled meatpacker JBS SA, and each of its companies, including but not limited to Pilgrim’s Pride.”

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Issues To Consider From The J&F Enforcement Action

Issues

This previous post summarized the recent $155 million FCPA enforcement action against J&F Investimentos S.A. (a Brazilian holding company) and a related entity for allegedly bribing Brazilian officials.

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

Piling On

The DOJ can claim that it has an anti-piling on policy (see here). However, piling on is precisely what the DOJ (and SEC) did in the recent enforcement action.

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Friday Roundup

Roundup

Mebiame sentenced, a multi-billion dollar settlement in Brazil, remember that, and for the reading stack. It’s all here in the Friday roundup.

Mebiame Sentenced

As highlighted in this prior post, in August 2016 the DOJ unsealed a criminal complaint charging Samuel Mebiame, a Gabonese national connected to Och-Ziff, with conspiracy to violate the FCPA’s anti-bribery provisions in connection with African mining projects. In December 2016, Mebiame pleaded guilty. (See here).

Earlier this week, the DOJ announced that Mebiame was sentenced to 24 months in prison.

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