This recent post highlighted the FCPA enforcement action against Charles Finkel (a former executive of Sicpa (a Swiss technology company which provides governments with banknote security inks and secured identification, traceability and authentication solutions).
In October 2022, Charles Finkel was charged in a criminal complaint filed in the S.D. of New York with Foreign Corrupt Practices Act violations in connection with an alleged bribery scheme in Brazil.
In October 2022, Finkel was arrested and appeared before a judge and released on bail. The judge issued an order directing that filings and docket entries be filed under seal and the case had remained under seal for over four years with numerous continuances filed.
On October 15, 2026, the DOJ made a filing in the case indicating that it and defense counsel were in engaged in discussions concerning a possible disposition of the case and that the parties submitted a notice of intent to waive indictment and file a criminal information.
On October 21, 2026 a four page information was filed charging Finkel with one count of conspiracy to violate the FCPA’s anti-bribery provisions.
The information alleged in pertinent part:
“On or about December 18, 2008, the Casa da Moeda do Brasil (the “CMB”), a department or agency of the Brazilian government, entered into a five-year contract (the “2008 Contract”) with a Brazilian subsidiary of Company-1 (“Subsidiary-1”), worth approximately $1.4 billion. Pursuant to the 2008 Contract, Subsidiary-1 pledged to implement and service a system to track and tax beverages for the Brazilian government called “SICOBE.” The 2008 Contract was signed by, among others, Finkel on behalf of Subsidiary-1.
In or about 2009, a close relative of an official of the Receita Federal of Brazil (“RFB”) who participated in the selection of Subsidiary-1 for the 2008 Contract (“Official-1”) incorporated a company identified as a consulting company (“Consulting Company-1”) for the benefit of Official-1.
According to the information, Finkel and others “agreed to pay and offer money and other things of value to foreign officials in Brazil, including an official of the Receita Federal of Brazil (“RFB”) (“Official-1”), to obtain and retain business, secure an improper advantage, and direct business to a Swiss company (together with its subsidiaries and affiliates, “Company-1”) and others, including while Finkel worked for an affiliate of Company-1.
The information alleged the following overt acts in furtherance of the conspsiracy.
“On or about June 12, 2009, FINKEL entered into a contract (the “Finkel Contract”) in New York, New York, on behalf of a company (“Finkel Company-1”) with Consulting Company-1, which provided, among other things, that Consulting Company-1 would provide purported consulting services to Finkel Company-1, and designated a specific financial institution headquartered in New York, New York (“Bank-1”) to be used for payments from Finkel Company-1 to Consulting Company-1.
On or about December 4, 2009, Finkel Company-1 received a wire from Company-1 in the approximate amount of $2,373,789.46 with the payment detail “COMMISSION SICOBE+SCORPIOS.” The wire was deposited to a bank account of Finkel Company-1 (“Finkel Company-1 Account”) at Bank-1.
On or about December 7, 2009, Finkel Company-1 sent approximately $125,000 from Finkel Company-1 Account to Consulting Company-1.
On or about June 5, 2015, Finkel Company-1 Account received a wire from Company-1 in the amount of approximately $2,357,253.06.
On or about the same day, June 5, 2015, Finkel Company-1 Account sent approximately $177,000 to Consulting Company-1.
On October 21, 2026, Finkel pleaded guilty to conspiracy to violate the FCPA’s anti-bribery provisions.
Recently, Judge Jesse Furman (S.D.N.Y.) signed off on a consent order in which Finkel consented to “the entry of a money judgment in the amount of $14,848,685 … representing the amount of proceeds traceable to the offense charged … that the Defendant personally obtained.” (The Money Judgement).
The order states that Finkel shall make a payment of $5 million and that “the Government shall deem the Money Judgment to be fully satisfied.”
Finkel’s sentencing is currently scheduled for February 10, 2027.
