The U.S. District Court for the Southern District of New York should toss the U.S. claim that FTX crypto-exchange founder Sam Bankman-Fried violated the Foreign Corrupt Practices Act's anti-bribery provision since the government failed to allege an essential element of the FCPA, Bankman-Fried said in a motion to dismiss. The U.S. said payments were made to unfreeze assets belonging to cryptocurrency firm Alameda Research but didn't say payments were made to "secure or retain a contract with a foreign government agency, gain an unfair advantage, or achieve an objective of the sort addressed in the FCPA’s text or legislative history or in relevant caselaw" (U.S. v. Samuel Bankman-Fried, S.D.N.Y. # 22-00673).
A U.S.-based multinational medical device company said it may have violated the Foreign Corrupt Practices Act. In a May 2 SEC filing, Stryker said it has hired outside counsel to investigate whether “certain business activities in a foreign country violated provisions” of the FCPA, adding that both the SEC and DOJ have contacted it. The company said it’s cooperating with both agencies. “At this time we are unable to predict the outcome of the investigation or the potential impact, if any, on our financial statements,” Stryker said.
Holland & Knight added 17 attorneys -- seven partners, two senior counsel and eight associates -- from Mexican law firm Sanchez DeVanny to its Mexico City and Monterrey offices. The new lawyers primarily focus on international trade and corporate law issues, including the Foreign Corrupt Practices Act, Holland & Knight said.
Covington & Burling recently released a Chinese language version of DOJ’s revised Evaluation of Corporate Compliance Programs. The translated document, posted by the Foreign Corrupt Practices Act Blog, includes DOJ’s March update that introduced changes to how it assesses corporate compliance programs’ approach to communications platforms (see 2303030056, 2304050081 and 2304240019).
Compliance departments are “well-poised to handle” DOJ’s recently revised policies for how it assesses corporate compliance programs’ approach to communications platforms (see 2303030056), and “it’s totally within their competency and wheelhouse to do so,” said Julie DiMauro, a compliance professional with Global Relay, which helps businesses supervise and report communications intelligence. DiMauro rebutted comments from a former DOJ official who said this month that the new policies are “virtually unenforceable” (see 2304050081).
Claudia Patricia Diaz Guillen, Venezuela's former national treasurer, and her husband, Adrian Jose Velasquez, each were sentenced to 15 years in prison for their roles in a bribery and money-laundering scheme in violation of the Foreign Corrupt Practices Act, DOJ announced April 19. The duo accepted and laundered over $136 million in bribes from Venezuelan billionaire and Globovision news network owner Raul Gorrin Belisario in exchange for access to purchase bonds from the Venezuela National Treasury at a favorable exchange rate.
DOJ’s recent sanctions-related subpoenas of Credit Suisse Group and UBS Group are more evidence of the agency’s increasing “emphasis” on corporate enforcement, Rahman Ravelli said in an April 6 client alert. The agency launched a probe on both Swiss banks to examine whether they helped Russian oligarchs evade sanctions, Bloomberg reported last month, and Rahman Ravelli said the effort is part of a “wave of subpoenas” issued by DOJ in recent weeks.
A recent announcement by DOJ that revises how it assesses corporate compliance programs’ approach to communications platforms (see 2303030056) may be “impractical” and “could threaten the more important, everyday work being done by compliance departments,” said Billy Jacobson, former assistant chief for Foreign Corrupt Practices Act Enforcement at DOJ. Although the revised policies seek to update the criteria the agency uses in its Evaluation of Corporate Compliance Programs guidance document to take into account a company’s approach to messaging applications -- including WhatsApp -- they may not work well in practice, Jacobson said.
The former head of cryptocurrency exchange FTX, Sam Bankman-Fried, pleaded not guilty on March 30 during a proceeding at the U.S. District Court for the Southern District of New York to bribing Chinese authorities, Reuters reported. The bribery charge, filed as a violation of the Foreign Corrupt Practices Act, was added to Bankman-Fried's indictment this week and alleges that the former executive paid around $40 million in cryptocurrency to one or more Chinese government officials to "induce them" to unfreeze certain cryptocurrency trading accounts held by Alameda Research, one of Bankman-Fried's other companies (see 2303280037) (U.S. v. Samuel Bankman-Fried, S.D.N.Y. # 22-00673).
DOJ announced the resolution of two civil cases in a Texas district court on March 27 in which the government recovered around $53.1 million, including a promissory note worth $16 million, that played a part in a bribery scheme in Nigeria that violated the Foreign Corrupt Practices Act. The $53.1 million mark represented the "net liquidated value" of assets taken from Nigerian businessmen Kolawole Akanni Aluko and Olajide Omokore.