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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


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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