A Focus On Vietnam
Set forth below are the general details of fifteen FCPA enforcement actions (all since 2008) which have involved (in whole or in part) conduct in Vietnam.
The enforcement action concerned conduct in China, India, Indonesia, United Arab Emirates, and Vietnam.
As to Vietnam, the allegations stated that: “Albemarle corruptly obtained contracts at two state-owned oil refineries in Vietnam through the use of an intermediary sales agent who requested increased commissions to pay bribes to PetroVietnam and refinery officials and to structure tender requirements to favor Albemarle. […] In 2016, Albemarle also used Vietnam Intermediary Company and its connections to PetroVietnam officials to corruptly obtain business at another state-owned refinery in Vietnam, Nghi Son Refinery and Petrochemicals LLC (“NSRP”). NSRP was owned by a joint venture that included, among others, PetroVietnam and Kuwait Petroleum International, also a state-owned entity.”
Former DOJ Compliance Counsel Now Says That Corporations And Individuals “Can Fight The Government In Its Investigation”
One of the interesting things about writing about the FCPA and related issues on a daily basis for over 15 years is the frequency in which I come across content of former DOJ/SEC enforcement officials saying things in conflict with positions they articulated while at the government. (See here for a prior post).
Hui Chen was “the first-ever Compliance Counsel Expert at the United States Department of Justice, Hui was the exclusive consultant to the federal prosecutors in the Fraud Section, evaluating corporate ethics and compliance programs in areas such as anti-fraud, anti-bribery/kickback, healthcare, quality control, manipulation of financial markets, process safety, and environmental protection. She is the author of the Fraud Section’s well known “Evaluation of Corporate Compliance,” which has been widely praised by compliance practitioners and recognized by government regulators and standard setters around the world.” (See here).
During Chen’s time at the DOJ, the message from the DOJ (as it has long been before and after her tenure) was always disclose and cooperate.
Ferrera To Challenge “Foreign Official” Enforcement Theory
In March 2026, the DOJ criminally charged David Ferrera and Marc Tilman with FCPA and related offenses in connection with an alleged bribery scheme involving an employee of Centre Hospitalier Universitaire de Reims (CHU Reims) in France. (See here for the prior post).
According to the DOJ: “CHU Reims was wholly owned and controlled by the government of France and performed a function that France treated as its own. CHU Reims was an “instrumentality” of a foreign government, and CHU Reims’s officers and employees were “foreign officials,” as those terms are used in the FCPA …”.
The prior post noted that the DOJ enforcement theory that employees (such as physicians, nurses, mid-wives, lab personnel, etc.) of certain foreign health care systems can “foreign officials” under the FCPA – and thus occupy a status akin to a President or Prime Minister – was dubious.
A Closer Look At Judge Garaufis’s Decision Not To Dismiss The FCPA Charges
In 2024, the DOJ criminally charged various individuals in connection with an alleged Indian bribery scheme. (See here for the prior post).
This recent post highlighted how Judge Nicholas Garaufis (E.D.N.Y.) granted the DOJ’s motion to dismiss various non-FCPA fraud charges against certain defendants.
However, Judge Garaufis denied – for the moment – the motion to dismiss FCPA and obstruction charges against certain other defendants.
Regarding the “FCPA Charges against Non-Appearing Defendants,” Judge Garaufis wrote:
Judge Dismisses Fraud Charges Against Adanis – FCPA Charges Against Other Defendants Remain
In 2024, the DOJ criminally charged various individuals in connection with an alleged Indian bribery scheme. (See here for the prior post).
Gautam Adani (a citizen of India and founder of the Adani Group which includes numerous portfolio companies including Adani Green Energy – and Indian energy company) was charged with securities fraud conspiracy, securities fraud, and wire fraud conspiracy.
Sagar Adani (a citizen of India and Gautam Adani’s nephew and Executive Director of Adani Green’s Board of Directors) was charged with securities fraud conspiracy, securities fraud, and wire fraud conspiracy.