President Biden recently signed into law the Foreign Extortion Prevention Act (“FEPA”), enabling federal prosecution of non-U.S. government officials who solicit or receive bribes.
FEPA complements the Foreign Corrupt...more
1/23/2024
/ Anti-Corruption ,
Anti-Money Laundering ,
Biden Administration ,
Bribery ,
Department of Justice (DOJ) ,
Economic Sanctions ,
FEPA ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Securities Exchange Act of 1934 ,
Wire Fraud
Congress continues to put pressure on the Committee on Foreign Investment in the United States (“CFIUS” or the “Committee”), increasingly informing the context in which the Committee conducts its work.
Last week, for...more
12/22/2023
/ Acquisitions ,
CFIUS ,
China ,
Cross-Border ,
Department of Justice (DOJ) ,
FIRRMA ,
Foreign Investment ,
Investigations ,
Investors ,
Jurisdiction ,
National Security ,
U.S. Commerce Department ,
U.S. Treasury ,
Whistleblowers
Tornado Cash, a cryptocurrency mixer, recently suffered two major setbacks in federal regulatory efforts to block its use and prosecute its founders.
First, a federal district court threw out a lawsuit challenging the...more
9/11/2023
/ Cryptocurrency ,
Cyber Crimes ,
Decentralized Autonomous Organization (DAO) ,
Department of Justice (DOJ) ,
Foreign Entities ,
International Emergency Economic Powers Act (IEEPA) ,
Money Laundering ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Popular ,
Regulatory Standards ,
Sanction Violations ,
SDN List ,
State Sponsors of Cyberattacks ,
U.S. Treasury
Speaking recently at a conference concerning the Committee on Foreign Investment in the United States (“CFIUS” or the Committee”) in Washington, D.C., senior CFIUS officials from the Department of Defense (“DOD”), the...more
5/10/2023
/ Biden Administration ,
CFIUS ,
Cybersecurity ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Dodd-Frank ,
Enforcement ,
Executive Orders ,
FIRRMA ,
New Regulations ,
Penalties ,
U.S. Treasury
Since February 2022, the United States, United Kingdom, and European Union have imposed unprecedented economic sanctions on Russia and various Russian entities and individuals in response to the war in Ukraine.
Actions have...more
12/19/2022
/ Asset Freeze ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement ,
EU ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Good Faith ,
Imports ,
Maritime Transport ,
Office of Financial Sanctions Implementation (OFSI) ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Popular ,
Russia ,
Safe Harbors ,
SDN List ,
U.S. Treasury ,
UK ,
Ukraine
On April 30, 2019, the U.S. Department of Justice (“DOJ”) updated its guidance on evaluating corporate compliance programs (the “Update”). The original guidance, titled “Evaluation of Corporate Compliance Programs,” (the “DOJ...more
On March 6, 2019, the Commodity Futures Trading Commission (“CFTC”) published an Enforcement Advisory describing the circumstances in which companies that self-report violations of the Foreign Corrupt Practices Act (“FCPA”)...more
3/11/2019
/ Advisory Opinions ,
Anti-Bribery ,
Anti-Corruption ,
CFTC ,
Commodities ,
Commodities Traders ,
Commodity Exchange Act (CEA) ,
Department of Justice (DOJ) ,
Enforcement Guidance ,
Foreign Corrupt Practices Act (FCPA) ,
Securities and Exchange Commission (SEC) ,
Self-Reporting ,
Swaps ,
Voluntary Disclosure ,
White Collar Crimes
The United States Court of Appeals for the Second Circuit dealt a blow to the U.S. government’s extraterritorial enforcement power on Friday, August 24, 2018, in prosecuting alleged violations of the Foreign Corrupt Practices...more
8/31/2018
/ Aiding and Abetting ,
Appeals ,
Criminal Conspiracy ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Extraterritoriality Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Non U.S. Person ,
Physical Presence Test ,
Popular ,
Securities and Exchange Commission (SEC)
U.S. Magistrate Judge Jonathan Goodman, in the Southern District of Florida, ruled last month that outside counsel’s “oral downloads” of internal investigation findings to the Staff of the Securities and Exchange Commission...more
1/5/2018
/ CFTC ,
Cooperation ,
Corporate Counsel ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Disclosure ,
Discovery ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Investigations ,
Outside Counsel ,
Publicly-Traded Companies ,
Securities and Exchange Commission (SEC) ,
Subpoenas ,
Waivers ,
Work-Product Doctrine
Speaking at a conference in Maryland on November 29, 2017, Deputy Attorney General Rod Rosenstein announced a revised Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy (“CEP”). This policy builds on the...more
In recent years, both the United States Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have stepped up their enforcement of the Foreign Corrupt Practices Act (FCPA), including to address...more
12/2/2016
/ Anti-Bribery ,
Anti-Corruption ,
Bribery ,
Compliance ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Subsidiaries ,
India ,
Multinationals ,
Securities and Exchange Commission (SEC)
New York-based hedge fund Och-Ziff Capital Management Group (the “Hedge Fund”) agreed to pay approximately $412 million to resolve charges brought by the U.S. Securities and Exchange Commission (“SEC”) and Department of...more
10/28/2016
/ Africa ,
Anti-Bribery ,
Bribery ,
CEOs ,
CFOs ,
Civil Monetary Penalty ,
Compliance ,
Corporate Executives ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Disgorgement ,
Due Diligence ,
Enforcement Actions ,
Financial Services Industry ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Hedge Funds ,
Personal Liability ,
Recordkeeping Requirements ,
Securities and Exchange Commission (SEC) ,
Yates Memorandum
FLIR Systems, Inc. (“FLIR”), a publicly traded company based in Oregon, agreed to pay approximately $9.5 million to settle allegations of violations of the Foreign Corrupt Practices Act (“FCPA”) on April 8, 2015. The U.S....more
4/15/2015
/ Compliance ,
Corporate Gifts ,
Department of Justice (DOJ) ,
Disgorgement ,
FLIR System ,
Foreign Corrupt Practices Act (FCPA) ,
Government Officials ,
Internal Controls ,
Saudi Arabia ,
Securities and Exchange Commission (SEC) ,
Self-Reporting ,
Settlement ,
Training
The U.S. Government announced two major sanctions enforcement actions this week that reinforce the compliance challenges faced by both U.S. companies with international activities and non-U.S. companies subject to U.S....more
3/30/2015
/ Civil Monetary Penalty ,
Compliance ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Guilty Pleas ,
International Emergency Economic Powers Act (IEEPA) ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
PayPal ,
Sanctions ,
Schlumberger ,
Settlement ,
Sudan