Category: Compliance Regulation

Department of Justice Continues to Stress Importance of Robust Corporate Compliance Programs

At last week’s American Bar Association’s 38th Annual National Institute on White Collar Crime, both Deputy Attorney General Lisa O. Monaco and Assistant Attorney General Kenneth A. Polite, Jr. provided additional insight into the DOJ’s continued focus on corporate criminal enforcement. Our previous blog post details the expansion of DOJ’s National Security Division and the…… Continue Reading
The post Department of Justice Continues to Stress Importance of Robust Corporate Compliance Programs appeared first on Global Investigations & Compliance Review.

US / Warrant for seizure of Russian corporate jet

The US Justice Department announced on Wednesday having obtained a warrant to seize a Boeing 737-7JU aircraft owned by Russian oil company Rosneft and worth approximately $25 million.  The court documents cited in the press release states the probable cause for the intended seizure as violations of the Export Control Reform Act (ECRA) and of the recent sanctions issued against Russia.  Those sanctions bar a plane that was built or manufactured in the US from entering Russia without a valid license, the report stated. Airplanes and aircraft parts are subject to export rules because of their potential military use and national security implications.  “Specifically, since February 2022, when the export controls that bar the United States-built plane’s re-entry to Russia went into effect, the plane has left and reentered Russia at least seven times, in violation of federal law,” the press release said. “The Boeing jet, which was manufactured in the United States, was last in the United States in March 2014, and is currently believed to be in, or traveling to or from, Russia,” it continued.  In August, the Justice Department was approved by a US court to seize a plane belonging to another Russian energy company, a $45-million jet reportedly owned by oil major Lukoil.

AU / Banks to pay $4.7 billion in compensation to customers (AMP, ANZ, CBA, Macquarie, NAB and Westpac)

ASIC has announced six of Australia’s largest banking and financial services institutions have paid or offered to pay a total of $4.7 billion in compensation to customers who suffered loss or detriment because of fees for no service misconduct or non-compliant advice. AMP, ANZ, CBA, Macquarie, NAB and Westpac all undertook the review and remediation programs to compensate affected customer as a result of two major ASIC reviews. ASIC commenced the reviews to look into the extent of failure by the institutions to deliver ongoing advice services to financial advice customers who were paying fees to receive those services and how effectively the institutions supervised their financial advisers to identify and deal with “non-compliant advice”.

Former Ohio House speaker convicted in $60M bribery scheme

COLUMBUS, Ohio (AP) — Former state House Speaker Larry Householder and former Ohio Republican Party Chair Matt Borges were convicted Thursday in a $60 million bribery scheme that federal prosecutors have called the largest corruption case in state history.

A jury in Cincinnati found the two guilty of conspiracy to participate in a racketeering enterprise involving bribery and money laundering, after about 9 1/2 half hours of deliberations over two days.

U.S. Attorney Kenneth Parker said the government’s prosecution team showed that “Householder sold the Statehouse, and thus he ultimately betrayed the people of the great state of Ohio he was elected to serve.” He called Borges “a willing co-conspirator.”

Ex-Goldman Sachs banker Roger Ng gets 10-year sentence for fraud

A former Goldman Sachs banker was sentenced Thursday to 10 years in prison for his role in looting a Malaysian sovereign wealth fund of billions of dollars used to finance lavish parties, a superyacht, premium real estate and even the 2013 film “The Wolf of Wall Street.” Roger Ng was convicted last April by a U.S. District Court jury in Brooklyn, but he continues to deny charges that he conspired to launder money and violated two anti-bribery laws. Prosecutors said Ng and his co-conspirators helped the Malaysian fund, known as 1MDB, to raise $6.5 billion through bond sales — only to participate in a scheme that siphoned off more than two-thirds of the money, some of which went to pay bribes and kickbacks.

US applies sanctions over Iran shadow banking, drone network

WASHINGTON (AP) — The United States on Thursday announced more sanctions against people and firms associated with Iran and with what it said was an illicit banking network used to conceal transactions.

The U.S. said it placed the penalties on 39 firms linked to a shadow banking system that helped to obfuscate financial activity between sanctioned Iranian firms and their foreign buyers, namely for petrochemicals produced in Iran.

The Treasury Department said the companies — from Hong Kong to the United Arab Emirates — made up a “significant ‘shadow banking’ network” that gave cover to sanctioned Iranian entities to disguise petrochemical sales with foreign customers.

Top crypto exchange bans dollar and euro transfers for Russians

The company attributed the decision to the latest round of Western sanctions against Russia, saying that transactions in dollars and euros will be unavailable to any individuals residing in Russia regardless of nationality.  

The exchange also banned users based in the EU from making transfers in Russian rubles via the platform, according to media reports. When trying to make a transaction in rubles, the platform prompts users to select a ‘local currency’ for P2P.

“In order to continue using Binance P2P, users can choose other available fiat currencies,” a representative of the exchange told Forbes Russia. 

US Congress health data hacked: For sale on dark web

House Speaker Kevin McCarthy and House Minority Leader Hakeem Jeffries also learned from the agency that the data is now being offered for sale on the dark web.   Leading lawmakers were informed of a “significant data breach” at the DC Health Link marketplace potentially affecting all members of the House and their families in a letter from the Chief Administrative Office of the House on Wednesday. CAO Catherine Szpindor promised a full list of the individuals affected but advised members to secure their finances “out of an abundance of caution” as their data may have been compromised.  

EU-RU / 4 bankers accused of helping Putin launder $50M via Switzerland

A cellist is accused of helping Vladimir Putin channel $50 million into Swiss accounts. 4 bankers are also accused of not having checked the real source of the money. Putin is believed by some to have accrued vast wealth during his time as Russian leader. Four bankers have been accused of helping Vladimir Putin’s cellist best friend channel millions of…

US issues warrant for $25m aeroplane owned by Russian Rosneft: Boeing 737-7JU

The United States government has requested and obtained a warrant to seize a Russian aircraft valued at $25m, according to a statement released on Wednesday.

The US-made plane, a Boeing 737-7JU, is accused of travelling from a foreign country to Russia, in violation of US law and sanctions implemented after Moscow’s 2022 invasion of Ukraine.

The plane was last in the US in 2014, according to the statement from the US Attorney’s Office for New York’s Eastern District. But the US alleges the plane has flown in and out of Russia “at least seven times, in violation of federal law”.

Former U.S. Congressional Candidate Pleads Guilty in Conduit Campaign Contribution Case

Lynda Bennett, 65, of Maggie Valley, North Carolina, was a primary candidate for North Carolina’s 11th Congressional District in 2020. In late December 2019, Bennett borrowed $25,000 from a family member, representing that she needed the money for personal expenses because she had to spend a large amount of her own money on her campaign. The day after depositing the loaned money into a personal account, Bennett then caused $80,000, including the $25,000 in loaned funds, to be transferred to the bank account of Lynda Bennett for Congress (LBC), her authorized federal campaign committee. Under the FECA, Bennett was required to report a loan from a third-party individual as a campaign contribution. Bennett knowingly and willfully violated the FECA by reporting through LBC that the full $80,000 was a loan to her campaign using her own personal funds, rather than disclosing that $25,000 of that amount was a loan from another individual.

US Warrant for Seizure of Airplane Owned by Russian Oil Company

The United States today announced the unsealing of a warrant for the seizure of a Boeing 737-7JU aircraft owned by PJSC Rosneft Oil Company (Rosneft), a Russian integrated energy company headquartered in Moscow, Russia, headed by Igor Ivanovich Sechin. According to court documents, in response to Russia’s invasion of Ukraine, in February 2022, the U.S. Department of Commerce’s Bureau of Industry and Security issued sanctions against Russia. The sanctions impose export controls and license requirements to protect U.S. national security and foreign policy interests. The Russia sanctions expanded prohibitions on the export, reexport or in-country transfer of, among other things, U.S.-manufactured aircraft to or within Russia without a valid license or license exception for aircraft owned or controlled, or under charter or lease, by Russia and/or Russian nationals. In this case, these sanctions bar a plane that was built or manufactured in the United States from entering Russia without a valid license. 

Court Finds Gross Negligence, Orders Oil Company to Pay United States and State of California $65 Million

The United States and California filed the suit alleging that HVI Cat Canyon, which previously owned and operated multiple oil and gas production facilities in Santa Barbara County, California, was liable for:

12 oil spills into waters of the United States in violation of the Clean Water Act;
17 oil spills into waters of the state in violation of state law;
Reimbursement of the federal and state governments’ costs of cleaning up the oil spills;
Natural resource damages under state law for harm to fish, plant, bird, or animal life and habitat; and
Numerous violations of federal Oil Pollution Prevention Regulations identified in 16 EPA inspections across 11 facilities.

US blocks tech sales to mostly China firms

The Biden administration has restricted sales of some US technology to 37 companies and organisations, saying that their activity threatened national security. Three-quarters of the companies included in the announcement, which was made on Thursday, are based in China. They include entities that the commerce department said had supported Beijing’s military modernisation or produced technology that risked being diverted for…

US Justice Dept says it wants execs to foot bill for corporate misconduct: Will this actually happen?

It’s less radical than it sounds. The DOJ isn’t looking to REQUIRE such punishment. It proposes giving “discounts on fines for companies that seek to claw back compensation from corporate wrongdoers.” The punishment is likely to hurt about as much as being hit in the head by a balloon.

Department of Justice Initiatives Prioritize Economic Sanctions Enforcement

On March 2, 2023, the Department of Justice announced several new initiatives that prioritize the investigation and enforcement of economic sanctions evasion, export control violations, and similar economic crimes.  Deputy Attorney General Lisa Monaco announced a “surge of resources to address a troubling trend: the intersection of corporate crime and national security.”