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Potpourri

Potpourri

Not Credible

If two U.S. Senators want to be taken seriously when discussing the general topic of corruption and specifically the Foreign Corrupt Practices Act, they need to get a few basic things right.

Such as the year in which the law they are talking about was passed.

However, in this piece Senators Roger Wicker and Ben Cardin states: “The FCPA, passed in 1973, makes it illegal for a U.S. business to pay a bribe abroad and collects enormous fines and penalties every year—often in the billions of dollars.”

For the record, the FCPA was passed in 1977.

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“Foreign Official” Status Disputed

citgo4

In August 2020, the DOJ announced that Jose Luis De Jongh Atencio (De Jongh) “a former official at Citgo Petroleum Corporation, a Houston-based subsidiary of Venezuela’s state-owned and state-controlled energy company Petróleos de Venezuela S.A. (PDVSA)” was criminally charged “for his alleged role in laundering the proceeds of a scheme involving bribes made to corruptly secure business advantages from Citgo and PDVSA.”

In the indictment, the DOJ alleges that De Jongh was a “foreign official.”

Recently, De Jongh’s counsel (Dane Ball – Smyser Kaplan & Veselka LLP) filed a letter to the court stating in pertinent part (certain internal citations omitted):

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