Companies looking to comply with the Foreign Corrupt Practices Act should be prepared for a “surge” in government enforcement and activity this year after a relatively quiet 2021, Kramer Levin said in a December alert. Although the U.S.’s recent downward trend in FCPA enforcement activity continued last year with just 15 related actions, the Biden administration may have set the stage for increased enforcement during the rest of its term, the firm said. Not only did the administration recently announce several initiatives aimed at combating corruption -- including a new strategy to better curb illicit finance (see 2112060018) -- it also significantly added to the Department of Justice’s FCPA unit in March.
Ricardo Alberto Martinelli Linares pleaded guilty on Dec. 14 to conspiracy to commit money laundering as part of a massive bribery scheme that has already seen punishments doled out to Brazil-based global construction conglomerate Odebrecht S.A., the U.S. Attorney's Office for the Eastern District of New York said. The conglomerate pleaded guilty in 2016 to violating the Foreign Corrupt Practices Act for a bribery and money laundering scheme in Panama. Luis Martinelli Linares, Ricardo's brother, pleaded guilty on Dec. 2 to the same misconduct.
Kenyen Brown, a former U.S. attorney for the Southern District of Alabama, has joined Hughes Hubbard as a partner in the White Collar and Regulatory Defense, and Anti-Corruption and Internal Investigations practices, based in Washington, D.C., the firm announced. Brown's practice will center on white collar criminal litigation, including corporate counseling on the Foreign Corrupt Practices Act and the False Claims Act, the firm said. Prior to joining Hughes Hubbard, Brown was a partner at Maynard Cooper.
Export Compliance Daily is providing readers with the top stories for Nov. 8-12 in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.
Julia Nestor, former federal prosecutor at the U.S. Attorney's Office for the Eastern District of New York, joined Reed Smith as a partner in the New York office, the firm announced. Nestor will work in the Global Regulatory and Investigations practice, where she will continue her focus on anti-bribery and corruption, trade and banking compliance and Foreign Corrupt Practices Act sanctions, the firm said.
Industry lawyers are preparing for a surge in enforcement of the Foreign Corrupt Practices Act (see 2107210058) following a wave of recently added enforcement officials and promises by the Biden administration to aggressively target anti-corruption. Lawyers also said new policies by the Department of Justice may lead to an increase in penalty amounts and change how companies decide whether to self-report.
Export Compliance Daily is providing readers with the top stories for Oct. 25-29 in case you missed them. You can find any article by searching the title or by clicking on the hyperlinked reference number.
Christopher Monahan has joined Faegre Drinker as a partner in its Washington, D.C.-based customs and international trade practice, the firm announced. Monahan, formerly of Winston & Strawn, has advised clients on U.S. international trade and investment regulations, including the International Traffic in Arms Regulations, the Export Administration Regulations and the Foreign Corrupt Practices Act, the firm said.
The new Department of Justice enforcement and disclosure policies (see 2110280051) could substantially increase scrutiny on corporate trade violators, law firms said, especially those with a history of misconduct. The policies, announced last week by Deputy Attorney General Lisa Monaco, revealed the Biden administration’s “extensive agenda that is designed to be tough” on corporations, Wiley Rein said, and may foreshadow more changes. “As she made clear,” the firm said Oct. 29, “the Biden DOJ is serious about revamping corporate enforcement and this is just the first wave of reform.”
The Department of Justice this week announced new initiatives to “strengthen” its enforcement of corporate crime, which could have wide-ranging effects on cases involving export controls, sanctions and foreign bribery violations. The initiatives were presented by Deputy Attorney General Lisa Monaco as “changes” to the agency’s enforcement policies, including how DOJ will calculate mitigation when assessing penalties, how it will weigh past misconduct for unrelated violations and how it will use independent monitors to ensure compliance with settlement agreements.