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Fourth Circuit Affirms Lambert Convictions

lambert

As highlighted in this prior post, in January 2018 the DOJ announced that Mark Lambert (pictured – a former co-president of Transport Logistics International) was criminally charged with Foreign Corrupt Practices Act and related violations for his alleged “role in a scheme to bribe an official at a subsidiary of Russia’s State Atomic Energy Corporation.” The enforcement action concerned the same core conduct at issue in the prior enforcement actions involving Vadim Mikerin (an alleged Russian “foreign official”) and Daren Condrey (See here and here for prior posts).

As highlighted in this prior post, in November 2019 a jury found Lambert guilty of four counts of violating the Foreign Corrupt Practices Act (FCPA), two counts of wire fraud, and one count of conspiracy to violate the FCPA and commit wire fraud. (The jury returned not guilty verdicts on three FCPA counts and one count of money laundering).

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A Focus On The Lambert Appeal

lambert

As highlighted in this prior post, in January 2018 the DOJ announced that Mark Lambert (pictured – a former co-president of Transport Logistics International) was criminally charged with Foreign Corrupt Practices Act and related violations for his alleged “role in a scheme to bribe an official at a subsidiary of Russia’s State Atomic Energy Corporation.” The enforcement action concerned the same core conduct at issue in the prior enforcement actions involving Vadim Mikerin (an alleged Russian “foreign official”) and Daren Condrey. (See here and here for prior posts).

As highlighted in this prior post, in November 2019 a jury found Lambert guilty of four counts of violating the Foreign Corrupt Practices Act (FCPA), two counts of wire fraud, and one count of conspiracy to violate the FCPA and commit wire fraud. (The jury returned not guilty verdicts on three FCPA counts and one count of money laundering).

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Potpourri

Potpourri

Commercial Bribery

The United Kingdom Bribery Act is a more comprehensive statute than the Foreign Corrupt Practices Act. Unlike the FCPA’s anti-bribery provisions which has a required “foreign official” element, the U.K. Bribery Act – including its so-called Section 7 “failure to prevent bribery” offense – is capable of capturing commercial bribery as well.

Last week the United Kingdom Serious Fraud Office announced a Deferred Prosecution Agreement with Airline Services Limited (ASL) “for three counts of failing to prevent bribery arising from the company’s use of an agent to win three contracts … to refit commercial airliners for Lufthansa.”

According to the DPA, “at the time [between 2011 and 2013], notwithstanding the recent passing of the Bribery Act, ASL had made negligible efforts to educate its staff or to introduce processes to identify and counteract occasions of bribery.”

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Lambert Convicted – Appeal Likley

lambert

As highlighted in this prior post, in January 2018 the DOJ announced that Mark Lambert (a former co-president of Transport Logistics International) was criminally charged with FCPA and related violations concerning the same underlying bribery scheme alleged in prior enforcement actions involving Vadim Mikerin (an alleged Russian “foreign official”) and Daren Condrey.

Earlier today, Lambert was convicted “for his role in a scheme to bribe an official at a subsidiary of Russia’s State Atomic Energy Corporation and on related fraud and conspiracy charges.”

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Counterintelligence Investigation At Issue In Lambert FCPA Enforcement Action

counterintelligence

As highlighted in this prior post, in January 2018 the DOJ announced that Mark Lambert (a former co-president of Transport Logistics International) was criminally charged with FCPA and related violations concerning the same underlying bribery scheme alleged in prior enforcement actions involving Vadim Mikerin (an alleged Russian “foreign official”) and Daren Condrey.

This recent motion filed by Lambert to compel government disclosure of evidence highlights a counterintelligence investigation allegedly at issue in the enforcement action.

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