The Treasury Department’s Office of Foreign Assets Control (OFAC) issued an advisory on October 1, 2020, warning companies that engage with the victims of ransomware attacks that they run the risk of violating U.S. sanctions by facilitating ransomware payments. Ransomware attacks have increased in number and sophistication in recent years and have netted larger and
Erin K. Sullivan
Erin Sullivan has years of experience representing corporate and individual clients involved in investigations, prosecutions, and civil enforcement actions by federal and state government entities. She routinely conducts internal investigations, whether prompted by an existing government investigation or initiated internally for business or compliance reasons.
DOJ Tells Investment Adviser that Payment to Foreign Government-Owned Bank Will Not Prompt FCPA Enforcement Action
On August 14, 2020, the Department of Justice (DOJ) issued its first Foreign Corrupt Practices Act (FCPA) Opinion Procedure Release in six years. In the opinion, DOJ advised that it would not bring an enforcement action against a U.S.-based investment adviser if the firm moved forward with paying an advisory fee to a foreign investment…
DOJ’s FCPA Corporate Enforcement Policy Creates Greater Certainty for Companies
The Foreign Corrupt Practices Act of 1977 (FCPA) makes it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. On November 29, 2017, Deputy Attorney General Rod Rosenstein announced the addition of an FCPA Corporate Enforcement Policy to the U.S. Attorneys’ Manual,…