Friday Roundup
Back to the Bolivian tear gas contract, more misinformation from the FCPA Blog, and surprising.
It’s all here in the Friday roundup.
Back to the Bolivian Tear Gas Contract
This May 2021 post highlighted a DOJ enforcement action against Bryan Berkman, Luis Berkman, Philip Lichtenfeld and Sergio Mendez for their roles in a Bolivian bribery scheme to secure a tear gas contract. Bryan Berkman, a U.S. citizen, was described as owning a Florida company (“Intermediary Company”) that sold tactical equipment including to the Bolivian Ministry of Defense. Sergio Mendez, a citizen of Bolivia, served as an official in the Bolivian Ministry of Government. Luis Berkman, also a U.S. citizen and Bryan’s father, was 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). Lichtenfeld, a U.S. citizen, is described as an associate of the Berkmans and Mendez.
Citing Its FCPA Scrutiny (Among Other Things), NewAge Files For Bankruptcy
In July 2020, NewAge Inc. (a health and organic products company) announced a definitive agreement to acquire ARIIX, together with four additional companies in the e-commerce and direct selling channels, to “create a global firm with estimated pro forma revenues in excess of $500 million across more than 75 countries worldwide.”
As highlighted in this prior post, in August 2021, NewAge disclosed:
Potpourri
A bounty and a disclosure.
Bounty
Earlier this week the SEC released this order determining that a whistleblower is to receive approximately $3.5 million. According to the order: “Claimant alerted Commission staff of alleged securities laws violations, prompting Enforcement staff to expand an existing investigation into an additional geographic area. Claimant, a foreign national, also provided significant assistance to Commission staff by traveling to meet in person with staff, identifying an important witness, and providing multiple supplemental submissions that assisted the Commission in bringing the charges in the Covered Action.”
Pursuant to relevant law, the SEC protects the confidentiality of whistleblowers and does not disclose any information that could reveal a whistleblower’s identity. However, attorneys Andy Rickman and Christopher Connors confirmed that they represented the individual and that the award related to the Juniper FCPA enforcement action.