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Subject to Inquiry

THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

Benjamin A. O'Neil

Photo of Benjamin A. O'Neil Ben is a member of the firm’s nationally ranked Government Investigations and White Collar Litigation department. A former federal prosecutor, he is equally skilled in the courtroom as he is in handling clients’ most sensitive, high-profile internal matters. He regularly advises corporate entities, boards of directors, audit and special committees, and individuals on their most difficult legal challenges. Ben has particular expertise in criminal and civil fraud matters, with a focus on cross-border Foreign Corrupt Practices Act (FCPA) and Office of Foreign Assets Control (OFAC) sanctions investigations and litigation, as well as significant experience with congressional investigations and crisis situations.

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Recent Sanctions Enforcement Actions Demonstrate Importance of  Incorporating All Available Data into Screening

By Patrick Rowan, Alex J. Brackett, Benjamin A. O'Neil and Alex Scandroli on Enforcement and Prosecution Policy and Trends, Sanctions, Trade Embargo, and Export Controls
For U.S. businesses, sanctions compliance has never been more challenging or more important.  The U.S. has responded to Russia’s invasion of Ukraine with a broad range of sanctions targeting the Russian government, its officials, oligarchs and Russia’s financial and energy industries, among others.  Indeed, since the invasion of Ukraine, the agency that administers sanctions, the… Continue Reading

The Foreign Extortion Prevention Act: Another Tool to Fight Foreign Corruption

By Katherine Richardson, Jason H. Cowley, Benjamin A. O'Neil and Justin Givens on Anti-Bribery and Corruption
In recent years, the Biden Administration has been vocal that combatting foreign public corruption is a key pillar of its national security efforts.[1]  Consistent with those policy goals, on December 22, 2023, Congress passed the Foreign Extortion Prevention Act (FEPA), a long-awaited complement to the Foreign Corrupt Practices Act (FCPA).  Where the FCPA targets those… Continue Reading

DOJ Announces Safe Harbor Policy for Mergers and Acquisitions

By Benjamin A. O'Neil, Jason H. Cowley, Justin Givens, Alex Scandroli, Edwin O. Childs, J. Brent Justus, Holden Brooks and Amy Manning on Compliance, Enforcement and Prosecution Policy and Trends
In the U.S. Department of Justice’s continuing efforts to incentivize voluntary disclosure of corporate misconduct, Deputy Attorney General Lisa Monaco announced the Criminal Division’s latest corporate self-disclosure policy this week, aimed at mergers and acquisitions specifically (remarks Here).  Pursuant to DOJ’s new Mergers and Acquisitions Safe Harbor Policy (the “Policy”), acquiring companies that promptly and… Continue Reading

Ericsson Pleads Guilty, Agrees to Pay $206M in Fines, Following Alleged Violation of FCPA Deferred Prosecution Agreement

By Benjamin A. O'Neil, V. Kathleen Dougherty, Jessie Dawe, Elissa Baur and McGuireWoods LLP on Anti-Bribery and Corruption
Last week, the U.S. Department of Justice (DOJ) announced that Sweden-based multinational telecommunications company Telefonaktiebolaget LM Ericsson (Ericsson) will plead guilty to breaching the Foreign Corrupt Practices Act (FCPA) and has agreed to pay over $206 million in related penalties following its alleged breach of a 2019 Deferred Prosecution Agreement (DPA) with the Department.… Continue Reading

U.S. Attorneys’ Offices Adopt Policy Incentivizing Self-Disclosure of Corporate Misconduct

By Noreen Kelly, Benjamin A. O'Neil, Casey Erin Lucier, Edwin O. Childs, Amy Manning, Angelo Russo, Sarah A. Zielinski, Elissa Baur and Joshua Wade on Compliance, Enforcement and Prosecution Policy and Trends
On Feb. 22, 2023, U.S. Attorneys’ Offices throughout the country adopted a new policy that incentivizes corporate voluntary self-disclosure of misconduct.  Deputy Attorney General Lisa Monaco’s Sept. 15, 2022 memorandum (“Monaco Memo”) instructed all DOJ sections to review their policies incentivizing corporate voluntary self-disclosure or, if no formal written policy existed, to draft and publish… Continue Reading

Cross-Border Enforcement and Trends — 2022 Year in Review

By Benjamin A. O'Neil, V. Kathleen Dougherty, Elissa Baur, Abigail Urquhart, Elizabeth F. Tyler, Clare E. Reardon, Jessie Dawe, Alex Scandroli and McGuireWoods LLP on Anti-Bribery and Corruption, Sanctions, Trade Embargo, and Export Controls
Key developments in U.S. cross-border enforcement were driven by the year’s most newsworthy developments, from Russia’s invasion of Ukraine and the battery of sanctions that swiftly followed, to the collapse of the cryptocurrency market. For details, download this inaugural review, which focuses on anti-money laundering, as this issue continued its rise up the enforcement and… Continue Reading

New Incentives Added to the Criminal Division’s Corporate Enforcement Policy

By Benjamin A. O'Neil, Brandon M. Santos and Casey Erin Lucier on Enforcement and Prosecution Policy and Trends
UPDATE: U.S. Attorneys’ Offices Adopt Policy Incentivizing Self-Disclosure of Corporate Misconduct (Feb. 27, 2023) On January 17, 2023, Assistant Attorney General (AAG) Kenneth A. Polite, Jr. delivered remarks to an audience at the Georgetown University Law Center, announcing changes to the Criminal Division’s Corporate Enforcement Policy (CEP). These changes to the CEP follow the September… Continue Reading

Brazilian Airline to Pay Millions in Coordinated Foreign Bribery Resolution

By Benjamin A. O'Neil, Alex J. Brackett and McGuireWoods LLP on Anti-Bribery and Corruption
On September 15, 2022, GOL Linhas Aéreas Inteligentes S.A. (GOL), Brazil’s second largest domestic airline, resolved long-running parallel investigations by the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC). The São Paulo-based company, whose shares are traded on the New York Stock Exchange, consented to a cease-and-desist order with the SEC… Continue Reading

New DOJ Guidance on Corporate Criminal Enforcement

By John Adams, Benjamin A. O'Neil, John S. Moran, Caroline Schmidt Burton, Emily Erb Kelley and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends
RELATED UPDATE: DOJ Announces “Pilot Program Regarding Compensation Incentives and Clawbacks” with Significant Ramifications for Corporations Facing Criminal Investigations (March 6, 2023) On Sept. 15, 2022, U.S. Deputy Attorney General Lisa Monaco announced important guidance and new actions from the U.S. Department of Justice (DOJ or the Department) on corporate criminal enforcement. Her remarks, delivered… Continue Reading

Department of Justice Criminal Chief Points to Prevention as Key Aspect of Corporate Compliance

By Benjamin A. O'Neil and Clare E. Reardon on Compliance
The Assistant Attorney General and head of the Department of Justice’s Criminal Division recently sat for an interview with the Wall Street Journal where he provided important insight into the Department’s increased focus on corporate compliance. Drawing on his experience in the U.S. Attorney’s office and as the Chief Compliance Officer at a Fortune 500… Continue Reading

DOJ and SEC Kick Off the Second Quarter with Major FCPA Settlement with International Waste Management Company

By Benjamin A. O'Neil, Alex J. Brackett, Elissa Baur and McGuireWoods LLP on Anti-Bribery and Corruption
On April 20, 2022, the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) separately announced that Stericycle Inc. (Stericycle), an international waste management company headquartered in Lake Forest, Illinois, has agreed to pay more than $84 million to resolve parallel investigations by authorities in the United States and Brazil. The investigation is… Continue Reading

First FCPA Settlement of 2022 – Enforcement on the Horizon

By Benjamin A. O'Neil and Molly White on Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims
On February 17, 2022, the Securities and Exchange Commission (SEC) announced the first Foreign Corrupt Practices Act (FCPA) settlement of the year. Seoul-based KT Corporation (KT Corp.), South Korea’s largest telecommunications operator, will pay $6.3 million to resolve charges that it violated the FCPA by providing improper payments for the benefit of government officials in… Continue Reading

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