Assistant Attorney General Brian A. Benczkowski Issues Memorandum on Selection of Monitors in Criminal Division Matters, Delivers Remarks at NYU School of Law

On October 11, 2018, Assistant Attorney General Brian A. Benczkowski issued a memorandum to DOJ’s Criminal Division on the selection of corporate monitors, supplementing 2008 guidance on monitors in relation to deferred prosecution agreements (“DPAs”) and non-prosecution agreements (“NPAs”) with business organizations.  The new memorandum states at the outset that while beneficial in some instances, the imposition of a monitorship will not be necessary in many corporate criminal resolutions, and should generally be favored “only
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Department of Justice Announces Swiss Bank Program Resolutions

DOJ officials announced criminal resolutions with several Switzerland-based banks and asset managers in the third quarter of 2018, as the IRS’s Offshore Voluntary Disclosure Program for U.S. taxpayers with undeclared assets overseas came to a close on September 28.  In announcing resolutions with NPB Neue Privat Bank AG, Mirelis Holding S.A., Bank Lombard Odier & Co., and Basler Kantonalbank, officials detailed years-long efforts by these firms to attract and retain U.S. clients with a number
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Oil Services CEO and Executive Sentenced to Prison for Roles in Foreign Bribery Scheme

On September 28, 2018, Anthony Mace, a former CEO of SBM Offshore, N.V. (“SBM”), a Dutch oil services company, was sentenced to 36 months in prison and a fine of $150,000.  Robert Zubiate, a former sales and marketing executive for SBM Offshore USA Inc. (“SBM USA”), a U.S.-based subsidiary, was also sentenced to 30 months in prison and a fine of $50,000.  Both Mace and Zubiate pleaded guilty to one count of conspiracy to violate
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Deputy Assistant Attorney General Matthew S. Miner of the Justice Department’s Criminal Division Delivers Remarks at the 5th Annual GIR New York Live Event

On September 27, 2018, Deputy Assistant Attorney General Matthew S. Miner delivered a speech to attendees of the Global Investigations Review’s annual conference in New York, addressing recent Criminal Division policy developments and providing an overview of the Division’s white collar enforcement activity during Fiscal Year 2018.  Miner highlighted the late-2017 rollout of the Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy and extension of the Policy in early 2018 as “nonbinding guidance” to non-FCPA
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Petróleo Brasileiro S.A. – Petrobras Agrees to Pay More Than $850 Million for FCPA Violations

On September 27, 2018, Petróleo Brasileiro S.A. – Petrobras (“Petrobras”), a Brazilian state-owned energy company, entered into a non-prosecution agreement and agreed to pay $853 million to U.S. and Brazilian authorities to resolve an investigation into FCPA violations.  As part of the agreement, Petrobras acknowledged that while its American Depository Shares traded on the New York Stock Exchange, members of the company’s Executive Board (its high-level managers) facilitated millions of dollars in improper payments to
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Operator of Counter-Antivirus Service “Scan4you” Sentenced to 14 Years in Prison

On September 21, 2018, Latvian resident Ruslan Bondars was sentenced to 168 months in prison after a jury convicted him of offenses related to the operation of the counter-antivirus service “Scan4you.”  Authorities characterized Scan4you as providing “essential aid” to hackers, and the service has been linked to several large-scale computer intrusions and data breaches since 2009.  According to evidence at trial, the Scan4you service assisted hackers in determining whether their malware would be detected by
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Financial Advisor Pleads Guilty to Money Laundering Charge in Connection with Bribery Scheme Involving Ecuadorian Officials

On September 11, 2018, Jose Larrea, a Miami-based financial advisor, pleaded guilty to a money laundering conspiracy charge for his involvement in a scheme to bribe officials at Ecuador’s state-owned oil company, PetroEcuador.  Larrea admitted to wiring more than $1 million in funds to conceal the bribes, which an oil services contractor paid to PetroEcuador officials to secure business.  Larrea is the fourth individual to plead guilty in this case.

United States v. Larrea,
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North Korean Regime-Backed Programmer Charged in Conspiracy to Conduct Multiple Cyberattacks and Intrusions

On September 6, 2018, an indictment charged a North Korean citizen, Park Jin Hyok, with one count of conspiracy to commit computer fraud and abuse and one count of conspiracy to commit wire fraud in connection with his alleged involvement in a series of cyberattacks around the world.  According to allegations in the complaint, Park, a computer programmer at the Korea Expo Joint Venture, belongs to a hacking team known as the “Lazarus Group,” which
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Former FIFA Executive, President of CONMEBOL, and Paraguayan Soccer Official Sentenced to Nine Years in Prison for Racketeering and Corruption Offenses

On August 29, 2018, Juan Ángel Napout—a former FIFA Vice President and president of CONMEBOL, the confederation responsible for soccer in South America—was sentenced to nine years’ imprisonment and ordered to pay a fine of $1 million and forfeit over $3.3 million.   A jury convicted Napout in December 2017 of charges arising from his acceptance of millions of dollars in bribes in exchange for media rights to soccer tournaments.  The tournaments included two cycles of
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Former Swiss Bank Executive Pleads Guilty to Role in Billion-Dollar International Money Laundering Scheme Involving Funds Embezzled from Venezuelan State-Owned Oil Company

On August 22, 2018, the former vice chairman of a Swiss bank pleaded guilty to a money-laundering conspiracy charge in connection with an alleged scheme to launder $1.2 billion that had been embezzled from Venezuelan state-owned oil company PDVSA.  According to his plea agreement, starting in 2016, Matthias Krull assisted several Venezuelan clients in laundering embezzled PDVSA funds through fictitious investment schemes and real estate transactions.  Krull, who was arrested on several additional charges in
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New York Attorney Sentenced to 18 Months’ Imprisonment for Securities Fraud and Wire Fraud Conspiracies, and Ordered to Pay More Than $10 Million in Restitution

On August 17, 2018, Evan Greebel, a former partner at the law firm Katten Muchin Rosenman LLP, was sentenced to 18 months’ imprisonment and ordered to pay over $10 million in restitution for his role in a securities fraud involving Retrophin, a biopharmaceutical company.    In December 2017, a jury convicted Greebel of conspiring with Retrophin CEO Martin Shkreli and others to manipulate Retrophin’s stock price and steal cash and stock from the company.  The government
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Business Executive Arrested on Foreign Bribery Charges in Connection with Venezuela Bribery Scheme

On July 31, 2018, Jose Manuel Gonzalez Testino (“Gonzalez”) was arrested on foreign bribery charges related to payments he allegedly made to an official at Venezuela’s state-owned and state-controlled energy company, Petroleos de Venezuela S.A. (“PDVSA”).  According to the criminal complaint, Gonzalez and a co-conspirator paid at least $629,000 in bribes to a former PDVSA official to secure contracts.  With the arrest of Gonzalez, DOJ has announced charges against 17 individuals, 12 of whom have
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“Bitcoin Maven” Sentenced to One Year in Federal Prison in Bitcoin Money Laundering Case

On July 9, 2018, Theresa Lynn Tetley, a former stockbroker and real estate investor known as the “Bitcoin Maven,” was sentenced to one year in prison.  In a first-of-its-kind case, the Central District of California alleged that Tetley offered “bitcoin-for-cash exchange services” without properly registering as a money services business with the Financial Crimes Enforcement Network (“FinCEN”).  Tetley pleaded guilty to one count of operating an unlicensed money transmitting business and one count of money
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Credit Suisse’s Investment Bank in Hong Kong Agrees to Pay $47 Million Criminal Penalty for Hiring Scheme That Violated the FCPA

On July 5, 2018, federal authorities announced a non-prosecution agreement with Credit Suisse (Hong Kong) Limited (“CSHK”) in connection with alleged FCPA violations stemming from the bank’s hiring of friends and relatives of Chinese government officials between 2007 and 2013.  According to admissions made by CSHK, senior managers in the bank’s Asia-Pacific region hired and promoted candidates referred to them by government officials to win investment banking business.  In some cases, so-called “relationship hires” or
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CVS Pharmacy, Inc. to Pay $1.5 Million to Settle Civil Penalty Claims for Violations of The Controlled Substances Act

CVS Pharmacy, Inc. (“CVS”) agreed to pay $1.5 million to resolve a federal investigation into pharmacy stores located in Nassau and Suffolk counties on Long Island, New York.  The pharmacies were under investigation for potentially violating the Controlled Substances Act, a federal law that requires pharmacies to timely report the loss or theft of controlled substances to the DEA.  This civil settlement is the latest in a series of cases enforced by the United States
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