September 26, 2023
Four week days remain in the SEC’s fiscal year and time will tell whether historical end of September Foreign Corrupt Practices Act enforcement actions will be forthcoming.
In the meantime, we can nibble on a non-FCPA, FCPA enforcement action released by the SEC yesterday (among a flurry of actions announced in recent days).
Non-FCPA, FCPA enforcement actions are a term long used by this site to describe enforcement actions that charge or find violations of the FCPA’s books and records and internal controls provisions that have nothing to do with foreign bribery.
The latest example involves GTT Communications (a Virginia based company with shares listed on the NYSE until 2021 which thereafter filed for bankruptcy and emerged as a private company in 2022).
September 25, 2023
Last week the DOJ announced that an indictment was unsealed charging U.S. Senator Robert Menendez (D-N.J.), his wife Nadine Menendez, and three New Jersey businessmen, Wael Hana, Jose Uribe, and Fred Daibes with participating in a years-long bribery scheme.
According to the DOJ release:
“Between 2018 and 2022, Menendez and Nadine Menendez agreed to and did accept hundreds of thousands of dollars’ worth of bribes from Hana, Daibes, and Uribe. These bribes included gold, cash, a luxury convertible, payments toward Nadine Menendez’s home mortgage, compensation for a low-or-no-show job for Nadine Menendez, home furnishings, and other things of value.”
September 24, 2023
Since 2014, the FCPA Institute has elevated the Foreign Corrupt Practices Act knowledge and practical skills of professionals from around the world. The FCPA Institute began as an in-person event, but shifted to Zoom in 2020. The Zoom event is time and cost efficient and has resulted in greater participation from professionals from around the world.
The next FCPA Institute – Zoom will be offered on October 10-12 and consists of 9 hours of integrated and cohesive instruction (each day from 8:30-11:30 central) led by Professor Koehler, an FCPA expert with FCPA practice and teaching experience.
Principal Associate Deputy Attorney General Miller On Voluntary Disclosure, Compensation Clawback, And National Security
September 21, 2023
It is September which means enforcement agency officials hit the “conference circuit” to give scripted speeches.
Today it was Principal Associate Deputy Attorney General Marshall Miller speaking at a private event to discuss “the Justice Department’s corporate criminal enforcement priorities” specifically (in what is perhaps a laughable statement to many who closely follow DOJ enforcement activity) the DOJ’s “commitment to consistency, predictability, and transparency in our corporate enforcement work …”.
Miller began by talking about voluntary disclosure and stated:
September 20, 2023
Most in the Foreign Corrupt Practices Act space learn when the DOJ announces criminal FCPA charges against individuals. Thereafter, the tendency (including by myself) is to sort of forget about many of the individual cases.
However, recently I examined the dockets for all individuals criminally charged with FCPA offenses since January 1, 2017 and was surprised to learn that a meaningful percentage of these cases are slumbering with no substantive activity recorded in quite some time.
Thus, when viewing DOJ FCPA individual enforcement action statistics it is important to keep in mind that many of these cases are slumbering and are not being actively prosecuted.