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DOJ Announces Individual Enforcement Action In Connection With A Bribery Scheme Involving The Honduran National Police

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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).

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Up North

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The Corruption of Foreign Public Officials Act (CFPOA) is Canada’s version of the Foreign Corrupt Practices Act.

This previous post highlighted how a customer of Ultra Electronic Foreign Technology (UEFTI – a company that provides technology and solutions that help law enforcement and border security agencies around the world prevent and solve crime) charged UEFTI with CFPOA offenses.

The customer was Canada’s Royal Canadian Mounted Police (RCMP).

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Four Individuals Criminally Charged In Connection With Bolivian Bribery Scheme To Secure Tear Gas Contract

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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.

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FCPA Enforcement Action Alleges A Promise To Pay A “Foreign Official” After They Leave Public Office

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Yesterday, the DOJ announced that Deck Won Kang pleaded guilty to a criminal information charging him with one count of violating the FCPA’s anti-bribery provisions. As discussed below, the enforcement action involved a rather unique scenario in that Kang allegedly promised things of value to a “foreign official” after the individual left public office.

According to the criminal information, Kang (a U.S. citizen who controlled two closely held companies with principal places of business in New Jersey) engaged in a bribery scheme in which he paid bribes to high-ranking official (“Official 1”) in the Korean Navy and a procurement official for the Defense Acquisition Program Administration (DPA) – a state-owned and state-controlled agency within South Korea’s Ministry of National Defense that was responsible for the procurement of munitions and military equipment and supplies for the Korean Armed Forces.

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Foreign Official Reports Attempted Briber Leading To Enforcement Action

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[This post is part of a periodic series regarding “old” FCPA enforcement actions]

The 2006 Foreign Corrupt Practices Act enforcement action against Faheem Mousa Salam had an unusual origin in that the foreign official Salam attempted to bribe – a senior Iraqi police official – reported the conduct to the Office of the Special Inspector General for Iraq Reconstruction (SIGIR). The police official then became a confidential informant leading to an undercover operation by SIGIR with an agent posing as a Procurement Officer for the Civilian Police Assistance Training Team (CPATT – a multinational organization tasked with training, mentoring and equipping the Iraq Police Force and responsible for ordering and supplying materials to the Iraqi Police Force).

The enforcement action is also notable in that Salam was prosecuted, plead guilty, and was sentenced to three years in prison for offering the bribe.

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