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...

The SEC settled with J&F Investimentos (“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...

J&F’s Investimentos 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 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...

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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...

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...

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...

The former deputy finance chair of the Republican National Committee and prominent fundraiser for President Trump has agreed to plead guilty with lobbying on behalf of Jho Low, an indicted and fugitive financier, who was charged in the ongoing 1MDB sovereign wealth fund investigation and prosecution. Broidy agreed to assist Jho Low by lobbying the Justice Department and administration and failed to register as required...