Category: General

DOJ’s Fresh FCPA Enforcement Initiative — What’s New, What’s Not (Part II of II)

DOJ’s Fresh FCPA Enforcement Initiative — What’s New, What’s Not (Part II of II)

DOJ’s new approach to FCPA enforcement presents some interesting opportunities — the headlines from the DOJ FCPA Guidance Memo will bring some significant changes but at the same time some things will not change.  Here is my list of what’s new and what’s the same. 1.  Increased individual prosecutions and reduced emphasis on corporate prosecutions: The DOJ FCPA Guidance Memo prioritizes individual prosecutions and avoidance...

Justice Department Resumes FCPA Enforcement with New, Focused Guidance (Part I of II)

Justice Department Resumes FCPA Enforcement with New, Focused Guidance (Part I of II)

The Justice Department has returned to the FCPA enforcement arena — in a significant development, DOJ announced the resumption of FCPA enforcement, with a new set of enforcement guidance principles.  The new guidance is an important statement governing FCPA investigations and prosecutions. The impact of this new approach will be significant — the precise scope of this renewed focus will depend on certain legal factors,...

Supreme Court’s Wire Fraud Decision Raises Risks for Government Contractors

Supreme Court’s Wire Fraud Decision Raises Risks for Government Contractors

In a unanimous decision, the U.S. Supreme Court, in Kousisis v. United States affirmed a lower court’s decision upholding a conviction of federal wire fraud for inducing a victim to enter into a transaction under materially false pretenses, even if the defendant did not intend to cause the victim economic loss.  The Supreme Court rejected the limiting of federal fraud cases to those where there...

Understanding Section 301 and 232 Tariffs

With the rising importance of trade compliance programs, it is important to start with the law.  (Spoken like a true lawyer).  The U.S. relies on two powerful tariff tools — Section 301 and Section 232 tariffs.  Relying on these provisions, the U.S. government can impose additional duties on imported goods.  The key difference between the two is the specific legal authority and the different policy...

Criminal Liability and Tariff and Trade Enforcement

Criminal Liability and Tariff and Trade Enforcement

Tariff and trade violations are on DOJ’s radar screen.  No question but starting with Customs and Border Patrol we can expect that regulatory investigations and enforcement actions will increase.  Along with that — you can bet on this — DOJ’s criminal prosecution of tariff evaders will increase.  This is not very surprising — companies have an incentive to circumvent and evade tariffs.  Depending on the...

OFAC Recalibrates Syria Sanctions in Response to Regime Change

OFAC Recalibrates Syria Sanctions in Response to Regime Change

On May 23, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued General License No. 25 under the Syrian Sanctions Regulations, marking a measured but far-reaching reconfiguration of U.S. economic policy toward Syria. Acting in close coordination with the Department of State’s issuance of a national security waiver under Section 7425 of the Caesar Syria Civilian Protection Act of 2019...

False Claims and Trade Compliance: Enforcement Examples (Part III of III)

False Claims and Trade Compliance: Enforcement Examples (Part III of III)

In the prior post, I cited three significant risk areas for False Claims Act (“FCA”) risks and trade compliance: (1) Valuation; (2) Misclassification and (3) Country of Origin.  Barco Uniforms On April 18, 2025, the United States filed a complaint against Barco Uniforms Inc. (“Barco”), Kenny Chan, David Chan, and companies operated and controlled by the Chans, alleging that they violated the False Claims Act...

A Dangerous Combination: False Claims Act and Trade Violations (Part II of III)

A Dangerous Combination: False Claims Act and Trade Violations (Part II of III)

As in every Administration, the Trump Department of Justice has made clear its enforcement priorities — government fraud, immigration and national security to include tariff and trade violations.  DOJ fully recognizes the power of the False Claims Act as  a powerful enforcement tool when it comes to trade and tariff enforcement.  Add to the mix, the well-established whistleblower or qui tam relator program and you...

DOJ Applies False Claims Act to Tariff and Trade Violations (Part I of III)

DOJ Applies False Claims Act to Tariff and Trade Violations (Part I of III)

Never underestimate the creativity and ability of federal prosecutors to apply federal criminal laws to address “new” crimes or new enforcement programs.  Corporate leaders and compliance officials are making a serious mistake when they confuse a “pause” in FCPA enforcement to mean a reduction in federal criminal corporate prosecutions.  This Administration has no problem in taking aggressive positions in the legal arena and I would...

DOJ Expands Whistleblower Program to Include Tariffs, Sanctions and Export Controls (Part III of III)

DOJ Expands Whistleblower Program to Include Tariffs, Sanctions and Export Controls (Part III of III)

 DOJ’s new Corporate Enforcement Program is designed to bring certainty to the voluntary disclosure and cooperation process.  DOJ’s intent is clear — voluntary disclosure is likely to lead to a declination, reduced penalties and the absence of a corporate monitor.  DOJ’s changes are another attempt to spur voluntary disclosures.  Over the last ten years, DOJ has step-by-step sought to increase the benefits of voluntary disclosure. ...