Jurisdiction Archives - FCPA Professor

Fifth Circuit’s Nullification Of Dismissal In Rafoi And Murta Reaffirms The Importance Of Preparing For FCPA Trials

By Mike Koehler on February 22, 2023 in Agent, Daisy Rafoi-Bleuler, FCPA Jurisprudence, FCPA Trial, FCPA Trials, Foreign Nationals, Guest Posts, Jurisdiction, Lawrence Hoskins, Paulo Casqueiro-Murta

A guest post from Andrew Feldman (The Feldman Firm PLLC which represents foreign nationals in FCPA cases and investigations with a focus on South America and Spain and recently represented Venezuelan nationals in an FCPA trial and is lead counsel in FCPA cases involving South American nationals including in Peru and Ecuador.).

Venezuela continues to be an attractive target for federal prosecutors investigating bribery and corruption. And, most, if not all, defendants in Venezuela FCPA cases have plead guilty opting against a trial. Months ago though, in a series of surprising opinions (here and here), a federal judge dismissed all counts in an indictment in a complex Foreign Corrupt Practices Act or “FCPA” and money laundering case involving Venezuela and Petroleos De Venezuela, SA (or PDVDSA). The defendants who benefitted from those dismissals were a Swiss national, Daisy Teresa Rafoi Bleuler, and a Swiss/Portuguese national, Paulo Jorge Da Costa Casquiero Murta.

Fifth Circuit Reinstates FCPA And Related Charges Against Rafoi-Bleuler And Murta Holding That – At This Stage Of The Proceedings – The Indictment Was Good Enough And Also Holds That The Term “Agent” Is Not Unconstitutionally Vague

By Mike Koehler on February 9, 2023 in Agent, Daisy Rafoi-Bleuler, FCPA Jurisprudence, Foreign Nationals, Jurisdiction, Paulo Casqueiro-Murta, Statute of Limitations

As highlighted in this prior post, in 2019 Daisy Rafoi-Bleuler (a citizen of Switzerland and partner in a Swiss Wealth Management firm) and Paulo Caqueiro Murta (a citizen of Portugal and Switzerland and employee in a Swiss Management firm) were criminally charged with Foreign Corrupt Practices Act and related offenses for allegedly directing bribes to various individuals at PDVSA (Venezuela’s state-owned and state-controlled energy company).

As highlighted in this post, in late October 2020 Rafoi-Bleuler filed a motion to dismiss the criminal charges. In summary fashion, the motion argued: “The indictment of Ms. Rafoi-Bleuler, a citizen and resident of Switzerland, continues the worrisome trend by the Department of Justice to stretch the reach of the United States’ criminal statutes beyond Congress’ intent in an attempt to police the world. Despite having violated no laws in Switzerland and having no contact with the United States …, Ms. Rafoi-Bleuler finds herself hailed into a U.S. court in contravention of clear statutory language, legal precedent, and international norms. Courts have increasingly, and correctly, rejected such attempts by the government and this Court should continue as well …”.

Issues To Consider From The Gol Enforcement Action

By Mike Koehler on September 26, 2022 in Causation, Competitor Companies Benefiting From Bribery, Foreign Company “Bribing” Its “Domestic” Officials, Gol Intelligent Airlines, Gray Cloud, Jurisdiction, OECD

This post highlighted the recent net $38.1 million Foreign Corrupt Practices Act enforcement action against Gol Linhas Aereas Inteligentes S.A. (Gol) – an airline headquartered in Sao Paulo, Brazil with shares traded on the New York Stock Exchange – for bribing Brazilian officials.

This post highlights additional issues to consider from the enforcement action.

Timeline

As highlighted in this prior post, Go’s FCPA (and related) scrutiny began in late 2016.

Thus from start to finish, Gol’s FCPA scrutiny lasted an approximate six years.

Facts First – “How The USA Turned The Fight Against Corruption Into A Goldmine”

By Mike Koehler on July 29, 2022 in Jurisdiction

Recently Dick Roche (a former Irish Minister for European Affairs) published this article titled “How the USA turned the fight against corruption into a goldmine.”

It is certainly not the first article to be written with such a provocative headline as the following articles generally touched upon the same theme: “Cashing in on Corruption” (Washington Post); “The Bribery Racket” (Forbes); “FCPA Inc. and the Business of Bribery” (Wall Street Journal); and “The Anti-Bribery Business” (Economist)

The article begins:

Court Dismisses FCPA Charges Based On Lack Of Jurisdiction, Lack Of Due Process, Vagueness, And Statute Of Limitation Issues

By Mike Koehler on July 19, 2022 in 18 USC 3292, Agent, Daisy Rafoi-Bleuler, FCPA Jurisprudence, Foreign Nationals, Jurisdiction, Paulo Casqueiro-Murta, Statute of Limitations

As highlighted in this prior post in September 2019 the DOJ announced the unsealing of a criminal indictment against (among others) Paulo Casqueiro-Murta in connection with an alleged bribery scheme involving Venezuela’s state-owned and state-controlled energy company, PDVSA.

According to the DOJ, Murta (a citizen of Portugal and Switzerland) provided financial services to various co-defendants (including former employees of PDVSA) in connection with various bribery schemes and he was charged with directly violating or assisting others in violating the FCPA and money laundering laws.

Recently, Judge Kenneth Hoyt (S.D. Tex) granted Murta’s motion to dismiss the charges based on lack of jurisdiction, lack of due process, vagueness, and statute of limitation issues.

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Fifth Circuit’s Nullification Of Dismissal In Rafoi And Murta Reaffirms The Importance Of Preparing For FCPA Trials

Fifth Circuit Reinstates FCPA And Related Charges Against Rafoi-Bleuler And Murta Holding That – At This Stage Of The Proceedings – The Indictment Was Good Enough And Also Holds That The Term “Agent” Is Not Unconstitutionally Vague

Issues To Consider From The Gol Enforcement Action

Facts First – “How The USA Turned The Fight Against Corruption Into A Goldmine”

Court Dismisses FCPA Charges Based On Lack Of Jurisdiction, Lack Of Due Process, Vagueness, And Statute Of Limitation Issues

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