Roger Ng Archives - FCPA Professor

Friday Roundup

By Mike Koehler on April 29, 2022 in Argentina, Dmitry Firtash, FCPA Trial, FCPA Trials, Internal Controls, Roger Ng

Checking in with Firtash, what the …?, if only it were that simple, and for the reading stack.

It’s all here in the Friday roundup.

Checking In With Firtash

As highlighted in this prior post, in April 2014 the DOJ announced the unsealing of a criminal indictment charging six individuals “with participating in an alleged international racketeering conspiracy involving bribes of state and central government officials in India to allow the mining of titanium minerals.” Among the defendants was high-profile Ukrainian businessman Dmitry Firtash.

Judge Broadly Interprets FCPA’s Internal Controls Provision – Concludes That “Circumvention” Does Not Depend On The Falsification Of A Book Or Record

By Mike Koehler on April 14, 2022 in FCPA Jurisprudence, Goldman Sachs, Internal Controls, Roger Ng, Uncategorized

As highlighted here, Roger Ng (a former managing director at Goldman Sachs) was recently convicted by a jury of Foreign Corrupt Practices Act and related offenses for paying bribes to various Malaysian and Abu Dhabi officials in connection with 1Malaysia Development Berhad (1MDB), Malaysia’s state-owned and state-controlled investment development company.

As discussed here, in September 2021 Judge Margo Brodie (E.D.N.Y) denied Ng’s pre-trial motion to dismiss. Among the arguments Ng made in the motion to dismiss was that a count in the indictment should be dismissed because the DOJ failed to that Ng conspired to circumvent a set of internal accounting controls cognizable under the FCPA. As to this issue, Judge Brodie concluded that the FCPA’s internal controls provisions can be implicated even in transactions in which an issuer does not use its own assets to pay an alleged bribe.

During the trial, at the conclusion of the government’s case, Ng moved for a judgment of acquittal of the charge and Judge Brodie denied the motion on the record on March 28, 2022. Recently, Judge Brodie issued this Memorandum and Order explaining her decision.

Ng Found Guilty Of FCPA And Related Offenses

By Mike Koehler on April 8, 2022 in FCPA Trial, FCPA Trials, Goldman Sachs, Roger Ng

As highlighted here, in November 2018 the DOJ announced criminal Foreign Corrupt Practices Act (and related charges) against individuals associated with Goldman Sachs – including Roger Ng (a former managing director at Goldman Sachs) – for paying bribes to various Malaysian and Abu Dhabi officials in connection with 1Malaysia Development Berhad (1MDB), Malaysia’s state-owned and state-controlled investment development company. The individuals were also charged with conspiring to launder billions of dollars embezzled from 1MDB.

As highlighted here, in September 2021 U.S. District Court Judge Margo Brodie (E.D.N.Y) denied Ng’s motion to dismiss to certain charges paving the way for a rare FCPA trial.

The trial began in mid-February and today Ng was convicted of FCPA and related charges.

As reported by Law360:

Ng Trial Paused As DOJ Acknowledges Its Own “Inexcusable” Error

By Mike Koehler on February 24, 2022 in FCPA Trial, FCPA Trials, Prosecutorial Misconduct, Roger Ng

As discussed in this prior post, judicial findings of prosecutorial misconduct or other mishaps have been an all too frequent feature in contested individual Foreign Corrupt Practices Act enforcement actions.

This recent post highlighted the start of the FCPA (and related) trial of Roger Ng (a former managing director at Goldman Sachs) for allegedly paying bribes to various Malaysian and Abu Dhabi officials in connection with 1Malaysia Development Berhad (1MDB), Malaysia’s state-owned and state-controlled investment development company.

As highlighted here, the trial has been paused due to – in the words of the DOJ – an “inexcusable” error by the government. Specifically, the DOJ has acknowledged that it has failed to produce to the defense 15,500 documents of co-defendant Tim Leissner (a former Southeast Asia Chairman at Goldman Sach and Participating Manager Director who pleaded guilty and is cooperating with the government). As highlighted here, the DOJ further described the error as a “total institutional failure.”

Ng Trial Begins

By Mike Koehler on February 15, 2022 in FCPA Trials, Goldman Sachs, Roger Ng

Unlike co-defendant Tim Leissner (the former Southeast Asia Chairman at Goldman Sach and Participating Manager Director) who pleaded guilty and is cooperating with the government, Ng is putting the DOJ to it burden of proof.

As highlighted here, in September 2021 U.S. District Court Judge Margo Brodie (E.D.N.Y) denied Ng’s motion to dismiss to certain charges paving the way for a rare FCPA trial.

The trial began earlier this week.

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Friday Roundup

Judge Broadly Interprets FCPA’s Internal Controls Provision – Concludes That “Circumvention” Does Not Depend On The Falsification Of A Book Or Record

Ng Found Guilty Of FCPA And Related Offenses

Ng Trial Paused As DOJ Acknowledges Its Own “Inexcusable” Error

Ng Trial Begins

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