Statute of Limitations Archives

Fifth Circuit Reinstates FCPA And Related Charges Against Rafoi-Bleuler And Murta Holding That – At This Stage Of The Proceedings – The Indictment Was Good Enough And Also Holds That The Term “Agent” Is Not Unconstitutionally Vague

By Mike Koehler on February 9, 2023 in Agent, Daisy Rafoi-Bleuler, FCPA Jurisprudence, Foreign Nationals, Jurisdiction, Paulo Casqueiro-Murta, Statute of Limitations

As highlighted in this prior post, in 2019 Daisy Rafoi-Bleuler (a citizen of Switzerland and partner in a Swiss Wealth Management firm) and Paulo Caqueiro Murta (a citizen of Portugal and Switzerland and employee in a Swiss Management firm) were criminally charged with Foreign Corrupt Practices Act and related offenses for allegedly directing bribes to various individuals at PDVSA (Venezuela’s state-owned and state-controlled energy company).

As highlighted in this post, in late October 2020 Rafoi-Bleuler filed a motion to dismiss the criminal charges. In summary fashion, the motion argued: “The indictment of Ms. Rafoi-Bleuler, a citizen and resident of Switzerland, continues the worrisome trend by the Department of Justice to stretch the reach of the United States’ criminal statutes beyond Congress’ intent in an attempt to police the world. Despite having violated no laws in Switzerland and having no contact with the United States …, Ms. Rafoi-Bleuler finds herself hailed into a U.S. court in contravention of clear statutory language, legal precedent, and international norms. Courts have increasingly, and correctly, rejected such attempts by the government and this Court should continue as well …”.

Issues To Consider From The Honeywell Enforcement Action

By Mike Koehler on December 22, 2022 in Compliance, Gray Cloud, Honeywell, Statute of Limitations

As highlighted in this post, Honeywell recently resolved a net $82 million Foreign Corrupt Practices Act enforcement action concerning conduct in Brazil and Algeria.

This post highlights additional issues to consider.

Timeline

As highlighted in this prior post, in mid-2019 Honeywell disclosed that it was cooperating with the DOJ/SEC and Brazilian law enforcement investigations relating to its use of third parties in relation to Petrobras (Brazil) business as well as a matter involving a foreign subsidiary’s prior engagement of Unaoil in Algeria.

Checking In On The Wakil Enforcement Action

By Mike Koehler on August 24, 2022 in Corrupt Intent, Facilitating Payments, Naman Wakil, Obtain or Retain Business, Statute of Limitations

As highlighted in this prior post, in August 2021 the DOJ announced that Naman Wakil, a Syrian national and U.S. lawful permanent resident, was “arrested in Miami on charges related to his alleged role in a scheme to bribe Venezuelan officials and launder funds to obtain contracts from Venezuela’s state-owned and state-controlled energy company, Petróleos de Venezuela S.A. (PDVSA), and Venezuela’s state-owned and state-controlled food company that purchased food for Venezuela, Corporación de Abastecimiento y Servicios Agrícola (CASA).”

Recently, Wakil (through his attorneys Stephen Binhak and Black Srebnick attorneys Howard Srebnick and Jackie Perczek) filed three motions.

The first motion is a motion to dismiss the indictment for failure to state an offense and states in summary:

Court Dismisses FCPA Charges Based On Lack Of Jurisdiction, Lack Of Due Process, Vagueness, And Statute Of Limitation Issues

By Mike Koehler on July 19, 2022 in 18 USC 3292, Agent, Daisy Rafoi-Bleuler, FCPA Jurisprudence, Foreign Nationals, Jurisdiction, Paulo Casqueiro-Murta, Statute of Limitations

As highlighted in this prior post in September 2019 the DOJ announced the unsealing of a criminal indictment against (among others) Paulo Casqueiro-Murta in connection with an alleged bribery scheme involving Venezuela’s state-owned and state-controlled energy company, PDVSA.

According to the DOJ, Murta (a citizen of Portugal and Switzerland) provided financial services to various co-defendants (including former employees of PDVSA) in connection with various bribery schemes and he was charged with directly violating or assisting others in violating the FCPA and money laundering laws.

Recently, Judge Kenneth Hoyt (S.D. Tex) granted Murta’s motion to dismiss the charges based on lack of jurisdiction, lack of due process, vagueness, and statute of limitation issues.

Laughing Out Loud At Certain Portions Of SEC Chair Gensler’s Speech

By Mike Koehler on November 5, 2021 in Cooperation, Enforcement Agency Policy, Enforcement Agency Speeches, Individual Enforcement Action, SEC, Statute of Limitations, Voluntary Disclosure

Yesterday, SEC Chair Gary Gensler delivered this speech.

I literally laughed out loud as to certain portions of Gensler’s speech.

I didn’t laugh because what Gensler said was unreasonable. To the contrary, much of what he said represents sound policy. Rather, I laughed because I have closely followed SEC enforcement practices (and speeches from enforcement agency officials) for over a decade.

Gensler began his speech as follows:

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Fifth Circuit Reinstates FCPA And Related Charges Against Rafoi-Bleuler And Murta Holding That – At This Stage Of The Proceedings – The Indictment Was Good Enough And Also Holds That The Term “Agent” Is Not Unconstitutionally Vague

Issues To Consider From The Honeywell Enforcement Action

Checking In On The Wakil Enforcement Action

Court Dismisses FCPA Charges Based On Lack Of Jurisdiction, Lack Of Due Process, Vagueness, And Statute Of Limitation Issues

Laughing Out Loud At Certain Portions Of SEC Chair Gensler’s Speech

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