Enforcement

The Justice Department announced the unsealing of a warrant authorizing the seizure of 41 internet domains used by Russian intelligence agents and their proxies to commit computer fraud and abuse in the United States. As an example of public-private operational collaboration the Department acted concurrently with a Microsoft civil action to restrain 66 internet domains used by the same actors

After a particularly slow second quarter, FCPA enforcement activity picked up between July and September of 2024, with the DOJ initiating one new FCPA-related enforcement action, unsealing two previously filed actions, and issuing one declination letter, according to a tally from Stanford University's FCPA Clearinghouse. "Enforcement activity through Q3 of this year remained well below even the last three years of lower than average enforcement" the report notes

The Department of Commerce’s Bureau of Industry and Security (BIS) published its second quarterly update of the boycott Requester List October 1st.  This list notifies companies, financial institutions, freight forwarders, individuals, and other U.S. persons of potential sources of certain boycott-related requests they may receive during the regular course of business. Of note, many recent reports come from customers outside the Arab world, including Japan, Brazil, Hong Kong, and the United Kingdom.   The greatest number of non-arab boycott requests originated in Bangladesh, Malaysia and Pakistan. 

The Commerce Department's Bureau of Industry and Security (BIS) imposed a civil penalty of $151,875 against Quantum Corporation, a data storage, management, and protection company  to resolve 45 alleged violations of the antiboycott provisions of the Export Administration Regulations (EAR).  Between July 2018 and December 2019, Quantum received 45 requests from its customer, a distributor located in the United Arab Emirates (UAE), to refrain from importing goods of Israeli origin into the UAE in fulfillment of purchase orders from that customer. Quantum failed to report to BIS the receipt of these requests.  

The Commerce Department's Bureau of Industry and Security (BIS) announced an administrative settlement against a Texas aviation supply firm, for the submission of a backdated document to make it appear that a transaction complied with the Export Administration Regulations (EAR) and for exporting military parts without BIS authorization.  

On Monday, September 23, DOJ’s Criminal Division announced updates to its guidance for evaluating corporate compliance programs (“ECCP”). . Principal Deputy Assistant Attorney General Nicole M. Argentieri discussed the revisions in her remarks at the Society of Corporate Compliance and Ethics 23rd Annual Compliance & Ethics Institute, emphasizing the DOJ's efforts to encourage corporations to invest in robust compliance programs and report misconduct when it occurs.

The Justice Department Friday unsealed an indictment charging three Iranian nationals with a conspiracy to hack into accounts of current and former U.S. officials, members of the media, nongovernmental organizations, and individuals associated with U.S. political campaigns.

An FAA contractor was indicted Friday for illegally acting as an agent of the Iranian governement to obtain information on the FAA's electrical power systems. Abouzar Rahmati (42)  exploited his employment with a US company whichs upported the FAA on a contract related to the power and electrical architecture of the FAA’s National Airspace System (NAS)..

BIS Chief Alan Estevez dismissed an appeal of a Temporary Denial Order issued in June against Russian national Alexey Sumchenko for his activities smuggling aircraft parts through Hong Kong to Russian airline customers.  Sumchenko argued that the alleged misconduct outlined in the TDO occurred after he relinquished ownership of the entities, reasoning Judge Tommy Cantrell found unpersuasive.

China announced steps against nine U.S. military-linked firms on Wednesday over U.S. weapons sales to Taiwan, freezing their property within China, in the latest move to put added pressure on the United States to halt its arms sales to the island, Reuters news service reported.

In a speech at the NYU School of Law Principal Deputy Assistant Attorney General Nicole Argentieri discussed the newest tool in the Justice Department’s corporate enforcement toolbox: the Corporate Whistleblower Awards Pilot Program. At the same event another Justice official said over 100 tips were received in the program's first month of operation.

The Justice Department announced the disruption of a botnet consisting of more than 200,000 consumer devices in the United States and worldwide. The botnet devices were infected by Chinese state-sponsored hackers working for Integrity Technology Group, a Beijing-based cyber security firm traded on the Shanghai Exchange as Yongxin Zhicheng Technology Group Co., Ltd.

The Commerce Department’s Bureau of Industry and Security (BIS) issued a final rule making changes to the Export Administration Regulations (EAR) related to BIS’s policies and practices regarding voluntary self-disclosures (VSDs) and to the BIS Penalty Guidelines. The rule revises the BIS Penalty Guidelines to change how the Office of Export Enforcement (OEE) calculates the base penalty in administrative cases and how OEE applies various factors to the base penalty to determine the final penalty.

An India- and New Jersey-based man who operated jewelry companies in New York City’s Diamond District admitted today to spearheading a scheme to illegally evade customs duties for more than $13.5 million of jewelry imports into the United States and with illegally processing more than $10.3 million through an unlicensed money transmitting business, U.S. Attorney Philip R. Sellinger announced.

The Securities and Exchange Commission announced that Deere & Company, which does business as John Deere, agreed to pay nearly $10 million to resolve SEC charges that it violated the Foreign Corrupt Practices Act (FCPA) arising out of bribes paid by its wholly owned subsidiary, Wirtgen Thailand. Thailand employees bribed Thai government officials with the Royal Thai Air Force, the Department of Highways, and the Department of Rural Roads to win multiple government contracts and also bribed employees of a private company to win sales to that company.

An Israeli freight forwarder pleaded guilty to conspiracy to commit export control and smuggling violations for his role in a scheme to illegally ship aircraft parts and avionics from U.S. manufactures and suppliers to Russia, including for the benefit of sanctioned Russian airline companies. As part of his plea agreement, Gal Haimovich, 49, admitted that his scheme involved deceiving U.S. companies about the true destination of the goods at issue, and that the defendant and others attempted to conceal the scheme by submitting false information in export documents filed with the U.S. government. A sentencing hearing has been set for Nov. 22.

A 76-year-old Texas man has been taken into custody on charges of smuggling parts and components used in the production of unmanned aerial vehicles (UAVs), as well as other manned aircraft, from the United States to Iran. The complaint alleges that on several occasions, authorities searched Goodarzi’s luggage and found numerous aircraft parts and components hidden within articles of clothing.

The Justice Department today announced the seizure of a Dassault Falcon 900EX aircraft owned and operated for the benefit of Nicolás Maduro Moros and persons affiliated with him in Venezuela. The aircraft was seized in the Dominican Republic and transferred to the Southern District of Florida at the request of the United States based on violations of U.S. export control and sanctions laws.

RTX Corporation, the defense contracting roll-up formerly known as Raytheon, has entered into a settlement agreement with the U.S. Department of State following a comprehensive investigation into violations of the Arms Export Control Act (AECA) and the International Traffic in Arms Regulations (ITAR). By paying $100 million in fines and promising to spend another $100 million on compliance programs, the firm avoids debarment and further criminal or civil action.

The Justice Department declined to prosecute the Boston Consulting Group, Inc. (BCG) for a scheme in which the firm paid $4.3 million in "commissions" to obtain consulting contracts with the government of Angola. The Government’s investigation found evidence that from in or about 2011 until in or about 2017, BCG, through its Lisbon, Portugal office, paid its agent in Angola to help BCG obtain business from the Angolan Ministry of Economy (“MINEC”) and the National Bank of Angola (“BNA”).

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