A Look At The DOJ’s Trial Brief In The Zaglin Action

With trial set to begin on September 2nd in an FCPA enforcement action against Carl Zaglin, the DOJ recently filed its trial brief.
The brief begins:
“On November 28, 2023, a grand jury in this District returned a five-count Indictment wherein Zaglin was charged with conspiracy to violate the Foreign Corrupt Practices Act (FCPA), in violation of 18 U.S.C. § 371 (Count 1); a substantive violation of the FCPA, in violation of 15 U.S.C. § 78dd-2 (Count 2); and conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h) (Count 3).”
DOJ Announces Individual Enforcement Action In Connection With A Bribery Scheme Involving The Honduran National Police

Last week the DOJ announced the unsealing of an indictment criminally charging:
Carl Alan Zaglin (the owner of a Georgia-based manufacturer of law enforcement uniforms and accessories);
Francisco Roberto Cosenza Centeno (former Executive Director of the Comité Técnico del Fideicomiso para la Administración del Fondo de Protección y Seguridad Poblacional (TASA) a Honduran governmental entity that procured goods for the Honduran National Police); and
Aldo Nestor Marchena (a dual citizen of the U.S. and Peru)
for their alleged participation in a scheme to pay and conceal bribes to Honduran government officials to secure contracts to provide uniforms and other goods to the Honduran National Police.
Although not named in the indictment, the “Georgia company” is presumably Tru-Spec (owned by Atlanco, formerly Atlanta Army Navy Company).
Four Individuals Criminally Charged In Connection With Bolivian Bribery Scheme To Secure Tear Gas Contract

As the saying goes – where there is smoke there is fire.
Yesterday the DOJ announced that Bryan Berkman, Luis Berkman, Philip Lichtenfeld and Sergio Mendez were criminally charged for their roles in a Bolivian bribery scheme to secure a tear gas contract.
Bryan Berkman, a U.S. citizen, is described as owning a Florida company (“Intermediary Company”) that sold tactical equipment including to the Bolivian Ministry of Defense. According to this article, the company is Bravo Tactical Solutions.
Sergio Mendez, a citizen of Bolivia, served as an official in the Bolivian Ministry of Government from 2019 – 2020.
Luis Berkman, also a U.S. citizen and Bryan’s father, is described as a “close associate” of Mendez as well as an “associate” of co-conspirator 1 (described as a high ranking official in the Bolivian Ministry of Government). According to the same article, Luis runs a Florida based company called International Defense Group.