The Department of Justice last week moved David Last to officially head the Fraud Section’s Foreign Corrupt Practices Act Unit, The Wall Street Journal reported Aug. 12. Last has been serving as acting unit chief since April. A DOJ spokesperson declined to comment. Last’s appointment is the latest effort by DOJ to staff its FCPA unit with “experienced prosecutors,” Wiley Rein said. The agency has added six new assistant chiefs since the beginning of this year, which “reinforce the current Administration’s focus on proactive FCPA enforcement” and its belief that anti-corruption is a “core national security interest.”
The U.S. District Court for the District of Massachusetts was right to allow a new trial for Joseph Baptiste in a Foreign Corrupt Practices Act case, the U.S. Court of Appeals for the 1st Circuit said in an Aug. 9 opinion. Concurring with the district court that Baptiste's counsel was of such deficient performance to allow a retrial, a three-judge panel at the circuit court denied the U.S.'s appeal of the decision to run the trial back.
Jahna Hartwig, former associate general counsel for ethics and compliance at Booz Allen, joined Wilson Sonsini as a senior counsel for the national security practice in the firm's Washington, D.C., office, the firm said in an Aug. 9 news release. Hartwig will look to bolster Wilson Sonsini's national security team using her experience with export control and sanctions compliance, International Traffic in Arms Regulations matters and Foreign Corrupt Practices Act proceedings, the release said. Prior to Booz Allen, Hartwig held director and associate general counsel positions at Sikorsky Aircraft.
Enforcement of the Foreign Corrupt Practices Act and other global anti-bribery regulations is rising, compliance experts said. Companies may still risk violating anti-bribery laws even while working remotely during the pandemic and should make sure their compliance procedures are being followed, they said.
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Although enforcement of the Foreign Corrupt Practices Act this year is off to its slowest start in a decade (see 2105050018), industry should expect FCPA penalties to pick up as more Justice Department officials are appointed and the Biden administration follows through on its commitment to combat corruption, lawyers said. They also said the administration will work more closely with allies and within the interagency, which should continue a trend of rising FCPA enforcement.
International trade lawyer Matt Lapin joined Porter Wright as a partner in the firm's Washington office, according to a June 28 press release. Lapin, previously with Torres Law, brings with him experience on export controls and international trade law, including compliance efforts with the International Traffic in Arms Regulations and Export Administration Regulations. He also advises on the Foreign Corrupt Practices Act and other domestic and international anti-bribery laws.
Amec Foster Wheeler Energy Ltd., a subsidiary of United Kingdom-based engineering company John Wood Group, agreed to pay a penalty of more than $18 million to settle charges that it paid bribes to foreign officials in Brazil in exchange for a $190 million contract to design a gas-to-chemicals complex, the U.S. Attorney's Office for the Eastern District of New York said in a June 25 news release. Amec Foster Wheeler was charged with conspiracy to violate the anti-bribery portions of the Foreign Corrupt Practices Act, the release said. The company entered into a three-year deferred prosecution agreement (DPA) to resolve the charges, the release said. From 2011 to 2014, Amec Foster Wheeler conspired with other parties, including an Italian sales agent, to pay bribes to Brazilian state-owned oil company officials to win the high-priced contract.
Two former Chadian diplomats posted to the U.S. were charged with bribery and money laundering after allegedly accepting a $2 million bribe from a Canadian energy company in exchange for obtaining oil rights in the African nation. Mahamoud Bechir and Youssouf Takane took the bribe and conspired to launder it while serving as diplomats in Chad's Embassy in Washington, 2009 to 2014, the Department of Justice said in a May 24 news release. The diplomats allegedly pledged to leverage their influence in Chad to secure the energy company the oil rights. The president of the Canadian company, Naeem Tyab, pleaded guilty to violating the Foreign Corrupt Practices Act.
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