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    Jul. 17, 2024

Polit and Aguilar Convictions Underscore DOJ’s Dedication to Individual Accountability – Despite the Challenges, Cost and Time Commitment

This year, the DOJ has had two big wins at trials against individuals who opted not to settle the FCPA-related charges, leaving the pool of prospective defendants, whether corporate or individuals, with strategy decisions to contemplate. In April, a federal jury in Miami convicted a former Comptroller General of Ecuador, Carlos Ramon Polit Faggioni (Polit), for conspiracy to commit money laundering and other infractions associated with the acceptance of more than $10 million in bribe payments from Brazil-based Odebrecht S.A. Just a couple months earlier, a federal jury in Brooklyn found oil and gas trader Javier Aguilar guilty of conspiracy to violate the FCPA and other charges for his role in bribing officials at state-owned oil and gas companies in Ecuador and Mexico to procure business for his employer at the time, Houston-based Vitol, Inc. The Anti-Corruption Report spoke to experts in the field to understand the implications of these convictions for both individuals and corporations. See “DOJ’s New VSD Program Offers NPAs to Individuals Who Can Help Catch Bigger Fish” (May 8, 2024).

2024 Is on Pace to Be the Hottest Year Ever in Vietnam’s “Blazing Furnace” Anti-Corruption Campaign

Vietnam is one of the most dynamic frontier markets in Southeast Asia and fastest growing economies in the world whose recent success can be attributed to a variety of factors, including global supply chain diversification in response to increasing trade barriers, a favourable location and geopolitics, and a large workforce. However, recent high-profile domestic anti-corruption cases and enforcement actions – including one that led to imposition of the death penalty – demonstrate that foreign investors also can get burned by local enforcement. In a guest article, Khushaal Ved, Nicole Lim, Paris Buti, Gaston Fernandez, Ngoc Nguyen and Hoang Ha Nguyen of Hogan Lovells provide an overview of the efforts the Vietnamese government has taken in recent years to fight bribery and corruption as part of its “blazing furnace” campaign, and the progress and practical consequences of these initiatives on unsuspecting counterparties. See “Trouble in Paradise: Anti-Corruption Investigations, Enforcement and Developments in the Philippines” (Apr. 24, 2024).

Government Enforcers Explain Their Approach to Whistleblowers and VSD

Over the past several months, multiple branches of the DOJ have introduced programs designed to encourage individuals with information about white-collar crime to come forward by offering incentives to individuals who have merely witnessed crimes as well as those who may have participated in a crime. Government enforcers recently provided their perspectives on how the programs will work, what they will hopefully accomplish, and some of their limitations at the New York City Bar Association’s recent White Collar Crime Institute. This article analyzes their comments and highlights the most illuminating insights. See “DOJ’s New VSD Program Offers NPAs to Individuals Who Can Help Catch Bigger Fish” (May 8, 2024).

Implications of Loper Bright: Demise of Chevron Deference and Effect on Cyber and Privacy Enforcement

The U.S. Supreme Court’s 1984 decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., gave regulatory agencies broad discretion to interpret ambiguous statutes – and required courts to heed those interpretations. Forty years later, Chief Justice John Roberts, joined by the other five conservative Justices on the Court, put the last nail in the coffin of what is known as Chevron deference. This two-part article series examines the implications of the landmark Loper Bright Enterprises v. Raimondo decision, including insights shared with the Cybersecurity Law Report by Baker & McKenzie partner Helena J. Engfeldt and Paul Hastings partner Nathaniel Edmonds, and commentary from K&L Gates partners made during a firm presentation. This first part discusses Chevron deference and examines the Loper Bright opinion and its impact on cybersecurity and privacy enforcement. Part two will address the decision’s effect on Foreign Corrupt Practices Act enforcement, courts, Congress, administrative tribunals and companies. See “Supreme Court Scales Back SEC’s Disgorgement Remedy in Liu v. SEC” (Jul. 22, 2020).

Measures for Complying With 19 (and Counting) State Privacy Laws

The state privacy laws keep coming – in June, New York passed a children’s data law and Rhode Island passed a comprehensive statute. Deadlines for compliance with other states keep coming, too. On July 1, privacy laws in Oregon, Texas and Florida went into effect. This article recommends steps for systematically navigating compliance with 19 (and counting) state privacy laws, with insights from practitioners at Covington & Burling, Foley Hoag, Hogan Lovells, McDermott Will & Emery, Perkins Coie and Squire Patton Boggs. See “Key HR Data Rights and Restrictions Under the CPRA” (Aug. 17, 2022).

Akin Welcomes Former DOJ FCPA Unit Assistant Chief

Akin has announced the addition of Gerald Moody as a partner in the firm’s white collar defense and government investigations practice in Washington, D.C. He joins from the DOJ Criminal Division’s Fraud Section, where he was an Assistant Chief of the FCPA Unit. For insights from Akin, see “U.S. Trade Remedies Are Put to the Test by Forced Labor and Foreign Subsidies” (Jun. 19, 2024).

Former EDNY Prosecutor Joins Norton Rose Fulbright in New York

Norton Rose Fulbright has welcomed white-collar lawyer and former federal prosecutor Andrey Spektor as a partner in its regulatory, investigations, securities and compliance practice in New York. He arrives from Bryan Cave, where he was a partner. For insights from Norton Rose Fulbright, see “The Increasing Threat of Supply Chain Cyberattacks: How to Avoid Being a Statistic” (Nov. 9, 2022).

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Spotlight on Trailblazing Women

To mark International Women’s Day 2024, women editors and reporters of ION Analytics interviewed outstanding women in the industries and jurisdictions we cover. In this part, Jill Abitbol, Managing Editor of the Cybersecurity Law Report and Anti-Corruption Report, features notable women in data privacy, cybersecurity, white collar defense, compliance and anti-corruption law, including Christina Montgomery, Leslie Shanklin, Palmina Fava, Alexandra Ross and Lucinda Low. Enjoy reading their inspiring remarks here.