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J&F Investmentos FCPA Settlement: Lessons Learned (Part IV of V)

J&F Investmentos (“J&F”) FCPA settlement presents a number of important lessons learned.  While the bribery scheme was brazen and involved a large amount of money, the techniques and warning signs must have been fairly obvious.  Despite J&F’s large global operations and expansion plans, J&F made no apparent effort to build an ethics and compliance program or implement basic compliance requirements, such as a Code of...

Commerce Department Offers Six-Month Extension for Export Licenses

In recognition of the impact that Covid-19 has had on global companies involved in export operations, the Commerce Department’s Bureau of Industry and Security announced a streamlined process for companies to request a six-month extension for licenses that are scheduled to expire on or before December 31, 2020. The pandemic has caused significant disruption to global companies distribution channels and supply chains. Air and ocean...

SEC FCPA Settlement: J&F Investmentos Bribery Scheme (Part III of V)

The SEC settled with J&F Investmentos (“J&F”) for approximately $27 million.  Unlike the DOJ settlement, the SEC included JBS and Joseley and Wesley Batista in its enforcement action.  The factual predicate for the settlement involved a different focus from the Justice Department’s Statement of Facts.  J&F’s principal owners, Joesley and Wesley Batista, each agreed to pay a civil penalty of $550,000. The conduct involved Joesley...

DOJ FCPA Settlement: J&F Investmentos’ Bribery Schemes (Part II of V)

J&F’s Investmentos bribery scheme was pervasive and was coordinated with a senior Brazilian Finance minister and orchestrated through the use of United States banking.  The Brazilian official appears to be Guido Mantega, who went on to serve as Brazil’s finance minister. Given J&F’s large penalty in Brazil, DOJ’s resolution was reasonable in light of the consistent use of the US banking system to execute the...

J&F Investmentos Pleads Guilty to FCPA Bribery Conspiracy and Settles SEC Case for Total of $283 Million (Part I of V)

J&F Investmentos SA (“J&F), a Brazilian private investment company, plead guilty to FCPA bribery violations in federal court in Brooklyn, New York.  As part of the plea agreement, J&F agreed to pay a fine of $256 million and to cooperate with ongoing investigations of other companies and individuals involved in the bribery schemes. J& F owns numerous companies around the globe, including in the meat...

Episode 165 — Boeing Continues to Struggle from 737 MAX Safety Scandal

Boeing is the new poster child for corporate governance failures and misconduct.  Move over Wells Fargo, General Motors, Volkswagen, Novartis, Siemens and Wal-Mart, and make room for Boeing.  Like General Motors and its ignition switch scandal, innocent consumers were killed as a direct result of corporate governance failures and blatant misconduct. In this Episode, Michael Volkov reviews recent events surrounding Boeing’s 737 MAX scandal. The...

Corruption Crime & Compliance: Subscribe to Blog and Podcast

Corruption, Crime & Compliance offers both blog postings and fresh podcasts on important legal and compliance topics. To make your life a little easier, we offer a subscription service so that you receive convenient notices of new blog postings and podcast episodes. Here are the subscription links: Apple Podcasts | Android | Email | Google Podcasts | Stitcher |  Corruption, Crime & Compliance also maintains an email subscription feature.   You can sign up on...

DOJ Indicts Former CEO of Cancer Treatment Company for Conspiracy

The Justice Department’s Antitrust Division’s criminal enforcement program is having a strong year.  Since completing its long-term and record-setting prosecution of Japanese auto parts suppliers, the Antitrust Division focused attention on new industries, including generic pharmaceuticals, chicken processors, government contractors, electronic capacitors, and health care.  It takes time to bring about results. This year, the Antitrust Division, along with state prosecutors, focused on the Florida...

Letting Third Parties Do the Dirty Work

We all know it when we see it – a recurring fact pattern in which a company enlists a corrupt third party intermediary for one purpose (and one purpose only) – to pay a bribe.  Let me give you a few examples. Cognizant Technology In the Cognizant Technology FCPA enforcement action, the former President and General Counsel directed the scheme with two other C-Suite officers...

DOJ Adds Six New Defendants to Price-Fixing Boiler Chicken Conspiracy

The Justice Department announced a major expansion of its ongoing investigation and prosecution of executives and employees in the boiler chicken price-fixing conspiracy. DOJ recently returned a superseding indictment adding six new defendants to the boiler chicken conspiracy indictment, and expanding the scope of the charged conspiracy.  (Here for earlier Posting on conspiracy). The new indictment charges ten (10) executives and employees at boiler chicken...