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Friday Roundup

30 minute sentence, scrutiny alert, monitors, and silly. It’s all here in the Friday roundup.

30 Minute Sentence

As highlighted here [1], Larry Puckett, one of several individuals associated with Alstom who was criminally charged in connection with an Indonesian bribery scheme, was recently sentenced. Puckett pleaded guilty, cooperated with the DOJ for many years, and testified for the government at the 2019 Hoskins trial.

Earlier this week, Puckett was sentenced to time served – which according to this article [1] – amounts to approximately 30 minutes (representing the time he was initially detained after his arrest).

A 30 minute sentence may be the shortest custodial sentence in FCPA history.

In other sentencing news, former Siemens executive Eberhard Reichert (80 years old) was recently sentenced to time served (representing approximately three months in a Croatian jail prior to being extradited to the U.S. in 2017) and Andres Truppel (65 years old) was recently sentenced to no jail time. (See here [2]). As highlighted in this prior post [3], in December 2011 the individuals (along with others) were charged in connection with the Argentina prong of the 2008 Siemens enforcement action. As highlighted in this prior post [4], in March 2018 Reichert pleaded guilty to conspiracy to violate the FCPA’s anti-bribery provisions. As highlighted in this prior post [5], in September 2015 Truppel pleaded guilty pleaded guilty to conspiring to violate the anti-bribery, internal controls and books and records provisions of the FCPA; and to commit wire fraud.

Scrutiny Alert

As highlighted in this prior post [6], Snamprogetti / ENI resolved an FCPA enforcement action concerning conduct in Nigeria in 2010. As highlighted here [7], in 2013 ENI again became the subject of FCPA scrutiny in Nigeria and Algeria. Recently, the company disclosed [8] that it “is currently in advanced discussions with the SEC about a potential resolution of the SEC’s investigation.”

Monitors

The DOJ fraud section recently released [9] a list of “Independent Compliance Monitors for Active Fraud Section Monitorships.” Of the 13 active monitors, 7 (approximately 55% are in FCPA matters).

Silly

Things are getting a bit silly in the FCPA Inc. writing space during the COVID-19 crisis.

“This is the optimal climate for corruption,” according to this article [10], and “potential FCPA landmines” exist because of the crisis according to this article [11].

I know that law firms like to market services based on current events and perhaps are anticipating a slow down, but good lord, let’s tone down the rhetoric a bit.