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Oztemel Motion To Dismiss Denied

Judicial Decision

In February 2023, the DOJ announced that Glenn Oztemel (previously employed by Freepoint Commodities LLC) and Eduardo Innecco (an agent for the company) were charged with FCPA and related offenses for an alleged Brazil bribery scheme. (See here for the prior post).

In summary fashion, the indictment alleged: “Between in or about 2010 and continuing until in or about 2018, Glenn Oztemel and Eduardo Innecco, together and with others, agreed to pay, and did pay, bribes to foreign officials at Brazil’s state-owned and state-controlled oil and gas company, Petroleo Brasileiro S.A. – Petro bras (“Petrobras”), on behalf of Trading Company #1 and Trading Company #2. In exchange for the bribes, foreign officials at Petrobras, including Rodrigo Berkowitz (“Berkowitz”), who has been charged separately, provided Oztemel, Innecco and others with confidential information related to Petrobras’s business. The inside information and other improper assistance Berkowitz provided to Oztemel, Innecco and others gave Trading Company #1 and Trading Company #2 improper business advantages in trades with Petrobras.”

Recently, Judge Kari Dooley (D. Conn) denied Oztemel’s motion to dismiss.

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Issues To Consider From The Trafigura Enforcement Action

Issues

This previous post covered the net $100.2 million FCPA enforcement action against Trafigura concerning conduct in Brazil.

This post highlights additional issues to consider.

Timeline

Trafigura was under FCPA scrutiny since at least early 2019 (see here from the prior post).

Thus, from start to finish the company was under scrutiny for approximately 5 years.

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Issues To Consider From The Gartner Enforcement Action

Issues

This recent post discussed the approximate $2.5 million FCPA enforcement action against Gartner based on conduct in South Africa – specifically conduct involving the South Africa Revenue Service (“SARS”).

This post highlights additional issues to consider.

Timeline

As stated in Gartner’s most recent annual report (Feb. 16, 2023):

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Issues To Consider From The Frank’s Enforcement Action

Issues

This recent post highlighted the approximate $8 million FCPA enforcement action against Frank’s International based on conduct in Angola.

This post highlights additional issues to consider.

Timeline

As highlighted in this prior post, in June 2016 Frank’s International disclosed:

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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

Judicial Decision

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 …”.

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