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Wall Street To FCPA Enforcers: Bring It On – Law360 (Stendahl)

May 16, 2013 by Leave a Comment

Foreign Corrupt Practices Act prosecutors have Wall Street in their crosshairs after suing two traders at New York broker-dealer Direct Access Partners LLC last week, but experts say the hyper-vigilant industry is ready for any clampdown.

The U.S. Department of Justice filed criminal charges May 7 against DAP employees Tomas Alberto Clarke Bethancourt and Jose Alejandro Hurtado, alleging they conspired to bribe a senior official in Venezuela’s state economic development bank to direct the bank’s business to DAP

via Wall Street To FCPA Enforcers: Bring It On – Law360.

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SEC Announces First Non-Prosecution Agreement Involving Foreign Corrupt Practices Act (FCPA) Violations | The National Law Review

April 29, 2013 by Leave a Comment

On April 22, 2013, the Securities and Exchange Commission (SEC) announced it had entered into a Non-Prosecution Agreement (NPA) with Ralph Lauren Corporation under which the company agreed to disgorge approximately $700,000 in connection with certain unlawful payments made by a foreign subsidiary to government officials in Argentina from 2005 to 2009.  This is the first time the SEC has used a NPA for violations of the Foreign Corrupt Practices Act (FCPA).

According to the NPA, Ralph Lauren Corporation’s Argentine subsidiary paid “bribes,” i.e., payments in violation of the FCPA, to government and customs officials to improperly secure the importation of Ralph Lauren Corporation’s products in Argentina.  The purpose of the unlawful payments, made through a “customs broker,” was to obtain entry of Ralph Lauren Corporation’s products into the country without certain paperwork and to avoid certain inspections by customs officials.  The unlawful payments to Argentine officials totaled $593,000 during a four-year period.

via SEC Announces First Non-Prosecution Agreement Involving Foreign Corrupt Practices Act (FCPA) Violations | The National Law Review.

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FCPA Enforcement Off to a Slow Start in 2013 | Corporate Counsel (Dunn)

April 23, 2013 by Leave a Comment

he juggernaut that is enforcement of the Foreign Corrupt Practices Act appeared to get off to a slow start this year: depending on how one classifies cases, there was either zero or one enforcement action taken in the first quarter of 2013, according to the latest report from Miller & Chevalier.

But to John Davis, coordinator of the firm’s FCPA and International Anticorruption Practice Group, that particular statistic is more a matter of timing than anything. “Companies should not look at the dearth of cases in the last quarter and think, ‘Now we don’t have to worry about this,’ ” he says. Rather, he adds: “Investigations take time, and [agencies] have been focusing on any number of them during that time frame.”

via FCPA Enforcement Off to a Slow Start in 2013.

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Ex-Siemens Board Member To Pay 2nd Highest FCPA Penalty – Law360

April 20, 2013 by Leave a Comment

Former Siemens AG executive has been ordered to pay a $275,000 civil penalty — the second-highest penalty every leveled against an individual under the Foreign Corrupt Practices Act, according to the U.S. Securities and Exchange Commission — to settle charges in a $1 billion Argentine government contract bribery scheme.

via Ex-Siemens Board Member To Pay 2nd Highest FCPA Penalty – Law360.

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DOJ charges four Bizjet executives with FCPA violations – Lexology (Dorsey & Whitney – Gorman)

April 11, 2013 by Leave a Comment

The Department of Justice unsealed four FCPA indictments last week against individuals involved in the Bizjet International Sales and Support, Inc. cases settled last year. The charges were brought against Bernd Kowaleski, the former president and chief executive officer of the company, Jald Jensen, the former sales manager, Peter DuBois, the former vice president of sales and marketing and Neal Uhl, the former vice president of finance. Bizjet is an indirect subsidiary of Lufthansa Technik AG, a German provider of aircraft related services.

Messrs. DuBois and Uhal pleaded guilty to criminal informations on January 5, 2012, about two months before the company settled. Each entered a guilty plea to one count of conspiring to violate the Foreign Corrupt Practices Act. Mr. DuBois also entered a guilty plea to one count of violating the FCPA. Each man’s sentence was reduced to probation and eight months of home confinement. Under the sentencing guidelines Mr. DuBois would have received a sentence of 108 to 120 months in prison while Mr. Uhl would have been sentenced to serve 60 months in prison.

Messrs. Kowaleski and Jensen have not been arrested. Both fled in January 2012. Each man is named in an indictment charging conspiracy to violate the FCPA, substantive violations of the Act and money laundering.

via DOJ charges four Bizjet executives with FCPA violations – Lexology.

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