On June 9, Deputy Attorney General Todd Blanche issued a memorandum entitled Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (the Memo) addressed to the head of the Criminal Division of the...more
6/13/2025
/ Anti-Corruption ,
Bribery ,
Corporate Governance ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Enforcement Priorities ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
National Security ,
White Collar Crimes
You are reading the November 2024 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox.
-...more
12/9/2024
/ Banking Sector ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Entity List ,
Financial Services Industry ,
Foreign Corrupt Practices Act (FCPA) ,
Insurance Industry ,
International Litigation ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Settlement ,
Uyghur Forced Labor Prevention Act (UFLPA)
As the manufacturing and industrial sectors continue to embrace digital transformation and navigate complex global markets, the year ahead presents both new opportunities and challenges. From evolving data privacy and AI...more
10/24/2024
/ Acquisitions ,
Data Security ,
Employee Benefits ,
Environmental Policies ,
Foreign Corrupt Practices Act (FCPA) ,
Funding ,
Indemnification Clauses ,
Industrial Sector ,
Loans ,
Manufacturers ,
Mergers ,
NLRB ,
Privacy Laws ,
Securities Violations ,
Unions
What happened? On September 10, the SEC announced that John Deere agreed to pay almost $10 million to resolve allegations it had violated the FCPA. The SEC alleged that Wirtgen Thailand, an indirect subsidiary of John Deere,...more
10/11/2024
/ Antiboycott Requirements ,
Bureau of Industry and Security (BIS) ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Policy ,
Office of Antiboycott Compliance (OAC) ,
Popular ,
Regulatory Violations ,
Securities and Exchange Commission (SEC) ,
Trade Relations ,
US Trade Policies ,
White Collar Crimes
You are reading the March 2024 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your inbox.
Overview...more
January saw continuing focus on Russia. First, the Commerce Department’s Bureau of Industry and Security (BIS) expanded export controls on certain goods for Russia and Belarus. Second, a U.S.-Israeli citizen was arrested for...more
2/8/2024
/ Bureau of Industry and Security (BIS) ,
China ,
Department of Justice (DOJ) ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
International Trade ,
Office of Foreign Assets Control (OFAC) ,
Securities and Exchange Commission (SEC) ,
Self-Disclosure Requirements ,
U.S. Commerce Department ,
U.S. Treasury ,
United Arab Emirates (UAE)
December saw continuing enforcement actions involving Russia. First, the Treasury Department’s Office of Foreign Assets Control (OFAC) settled investigations into apparent sanctions violations by a New York-based insurance...more
1/10/2024
/ Commodities ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Financial Institutions (FFI) ,
International Trade ,
Maritime Transport ,
Office of Foreign Assets Control (OFAC) ,
Regulatory Agenda ,
Regulatory Reform ,
Russia ,
Sanction Violations ,
U.S. Commerce Department ,
U.S. Treasury
On December 14, the Department of Justice (DOJ) announced that Freepoint Commodities LLC, a Connecticut-based commodities trader, had agreed to a three-year deferred prosecution agreement (DPA) to resolve a DOJ investigation...more
12/21/2023
/ CFTC ,
Commodities ,
Commodities Traders ,
Corporate Governance ,
Corruption ,
Department of Justice (DOJ) ,
Enforcement ,
Foreign Corrupt Practices Act (FCPA) ,
Popular ,
Regulatory Requirements ,
Settlement
In September 2022, Deputy Attorney General Lisa Monaco outlined the Department of Justice (DOJ) approach to enforcing corporate misconduct and directed agencies to review existing voluntary self-disclosure policies or, if...more
You are reading the November 2023 Update of the Bass, Berry & Sims Enforcement Roundup, where we bring notable enforcement actions, policy changes, interesting news articles, and a bit of our insight to your...more
12/8/2023
/ Bureau of Industry and Security (BIS) ,
Cryptocurrency ,
Deferred Prosecution Agreements ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Entity List ,
Export Controls ,
FinCEN ,
Foreign Corrupt Practices Act (FCPA) ,
International Trade ,
NGOs ,
Office of Foreign Assets Control (OFAC) ,
Oil & Gas ,
Russia ,
Sanction Violations ,
U.S. Treasury
Two recent opinions released by the Department of Justice (DOJ) serve as a reminder that even under the strictly enforced Foreign Corrupt Practices Act (FCPA), payments to government officials are permissible in certain...more
September saw a number of enforcement actions involving Iran. First, the Office of Foreign Assets Control (OFAC) announced separate settlements with 3M and Emigrant Bank for violations of the Iranian Transactions and...more
10/11/2023
/ Bureau of Industry and Security (BIS) ,
Department of Homeland Security (DHS) ,
Foreign Corrupt Practices Act (FCPA) ,
International Emergency Economic Powers Act (IEEPA) ,
International Trade ,
Iran ,
ITSR ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
SDN List ,
Securities and Exchange Commission (SEC) ,
Uyghur Forced Labor Prevention Act (UFLPA)
August saw two noteworthy Russia-related enforcement actions. First, a dual Russian-German national was arrested and charged with violating the Export Control Reform Act (ECRA) when he allegedly procured microelectronics for...more
9/11/2023
/ Bureau of Industry and Security (BIS) ,
China ,
Criminal Convictions ,
Criminal Prosecution ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Discrimination ,
Elon Musk ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
International Emergency Economic Powers Act (IEEPA) ,
Iran Sanctions ,
ITAR ,
Money Laundering ,
Russia ,
SpaceX ,
Uyghur Forced Labor Prevention Act (UFLPA) ,
Whistleblowers
Russia -
Former Special Agent in Charge of the FBI New York Counterintelligence Division Charged with Violating U.S. Sanctions on Russia (DOJ)
Those involved. Charles McGonigal, former Special Agent in Charge of the FBI...more
2/8/2023
/ Banking Sector ,
Bureau of Industry and Security (BIS) ,
California ,
China ,
Conspiracies ,
Criminal Convictions ,
Criminal Prosecution ,
Department of Labor (DOL) ,
Enforcement Actions ,
Espionage ,
Export Control Reform Act (ECRA) ,
Export Controls ,
Exports ,
FBI ,
FCPA Corporate Enforcement Policy (CEP) ,
Financial Institutions ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
International Emergency Economic Powers Act (IEEPA) ,
Iran ,
Iran Sanctions ,
Money Laundering ,
North Korea ,
Office of Foreign Assets Control (OFAC) ,
Penalties ,
Russia ,
Self-Disclosure Requirements ,
Venezuela
Russia -
Active Russian Agent Indicted for Scheme to Violate Sanctions in the United States (DOJ Action)
Those involved. Andrii Derkach, a Ukrainian national and – according to the DOJ – an “Active Russian Agent.”...more
1/13/2023
/ China ,
Department of Justice (DOJ) ,
Economic Sanctions ,
Enforcement Actions ,
Exports ,
Federal Contractors ,
Foreign Corrupt Practices Act (FCPA) ,
ITAR ,
Office of Foreign Assets Control (OFAC) ,
Russia ,
Securities and Exchange Commission (SEC) ,
Settlement
In the past several years there has been a significant decrease in Foreign Corrupt Practices Act (FCPA) enforcement efforts. Reports suggest that corporate criminal cases have decreased by roughly 50% since 2012. FCPA...more
12/22/2022
/ Anti-Bribery ,
Books & Records ,
Corporate Crimes ,
Corporate Governance ,
Criminal Investigations ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Enforcement ,
Foreign Corrupt Practices Act (FCPA) ,
Fraud ,
Popular ,
Securities and Exchange Commission (SEC) ,
Settlement ,
Third-Party Risk
Since late March, the U.S. government has announced several significant enforcement actions under the Foreign Corrupt Practices Act (FCPA), the main U.S. law that prohibits bribery of non-U.S. government officials....more
There have been a relatively limited number of U.S. Foreign Corrupt Practices Act (FCPA) enforcement actions in recent years. Nonetheless, two recent announcements (one resolution, one declination) by U.S. regulators...more
In recent months, the U.S. Department of Justice (DOJ) and Securities & Exchange Commission (SEC) have announced several notable penalties for violations of the U.S. Foreign Corrupt Practices Act (FCPA). The FCPA prohibits...more
1/14/2021
/ Anti-Bribery ,
Bribery ,
Compliance ,
Corruption ,
Criminal Investigations ,
Criminal Penalties ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Deutsche Bank ,
Enforcement Actions ,
Foreign Corrupt Practices Act (FCPA) ,
Penalties ,
Securities and Exchange Commission (SEC) ,
Securities Violations
Despite the sobering news reports on the global spread of COVID-19, companies are continuing to try to conduct operations as (relatively) normally as possible. International business is particularly affected given the...more
• A payment to a government official can take many forms.
• The SEC charges bank for books and records violation even absent a bribery charge.
• Industry-wide enforcement is a continuing tactic for U.S....more
10/24/2019
/ Accounting Controls ,
Banking Sector ,
Banks ,
Books & Records ,
Bribery ,
Enforcement Actions ,
Financial Services Industry ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Official ,
Government Officials ,
Hiring & Firing ,
Internal Controls ,
Internships ,
Quid Pro Quo ,
Securities and Exchange Commission (SEC) ,
Settlement Agreements
The U.S. Treasury Department, Office of Foreign Assets Control (OFAC), the main U.S. government body that administers U.S. economic sanctions and embargoes, continues to be busy. In September 2019 alone, OFAC has announced...more
9/27/2019
/ China ,
Economic Sanctions ,
Executive Orders ,
Foreign Corrupt Practices Act (FCPA) ,
Iran ,
Iran Sanctions ,
Office of Foreign Assets Control (OFAC) ,
SDN List ,
Settlement Agreements ,
Sudan ,
Trade Relations ,
Trump Administration ,
Unfair or Deceptive Trade Practices ,
Venezuela
• The World Bank aggressively pursues sanctions against entities and individuals for misconduct in connection with Bank-funded projects
• Sanctions can lead to cross-debarment by other multilateral development banks and...more
• Russian corporations de-listed through significant specific steps agreed to with OFAC
• Exporter settles for $7.7 million and agrees to comprehensive compliance measures
• OFAC outlines sanctions compliance best...more
1/4/2019
/ Audits ,
Best Practices ,
Certifications ,
Delisting ,
Economic Sanctions ,
Enforcement Actions ,
Exports ,
Fifty Percent Rule ,
Foreign Corrupt Practices Act (FCPA) ,
Internal Controls ,
Office of Foreign Assets Control (OFAC) ,
Risk Assessment ,
Russia ,
SDN List ,
Settlement Agreements
In a much-anticipated decision, the U.S. Court of Appeals for the Second Circuit ruled Friday that the Foreign Corrupt Practices Act (FCPA) did not apply to a foreign national acting outside the United States without direct...more
8/28/2018
/ Appeals ,
Bribery ,
Criminal Conspiracy ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Dismissals ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Nationals ,
Interlocutory Appeals ,
Jurisdiction ,
Reversal