The State Department’s recently announced debarment of VTA Telecom (see 2305310040) highlights how cooperation with the government can lead to lower penalties, Miller & Chevalier said in a June 6 client alert. Although the Directorate of Defense Trade Controls didn’t “award credit” for VTA's disclosure, it did credit it for cooperating with DDTC’s investigation, which led to a debarment but no fine, the firm said. DDTC could have imposed a maximum $7.2 million penalty against the company.
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The U.S. District Court for the Eastern District of New York dismissed a suit from a group of investors that accused Ericsson of misleading them about elements of a Foreign Corrupt Practices Act proceeding. Judge William Kuntz sided with Ericsson, ruling that the investors failed to claim that the company made misstatements since the alleged lies were "immaterial as a matter of law" or not false when made (In Re Telefonaktiebolaget LM Ericsson Securities Litigation, E.D.N.Y. # 22-1167).
Ross Roggio of Stroudsburg, Pennsylvania, was convicted for a host of crimes including illegally shipping export-controlled firearms parts to Iraq and operating an illegal weapons manufacturing plant in Kurdistan, DOJ announced. Roggio was also convicted of torture and for arranging for Kurdish soldiers to abduct an Estonian citizen and detain him at a Kurdish military compound, where Roggio tortured the man. The victim worked at a weapons factory Roggio was developing in Iraq to manufacture M4 rifles and Glock pistols.
The Bureau of Industry and Security this week suspended the export privileges of one person for illegally exporting technology to Hong Kong, eight people for illegally exporting guns and ammunition to Mexico and two people for illegally sending firearms to the Dominican Republic.
Two ocean carriers recently paid a combined total of $2.65 million in civil penalties, the Federal Maritime Commission announced May 18. The penalties, assessed to Ocean Network Express Ptd. Ltd. (ONE) and Wan Hai Lines, Ltd., were paid to “resolve allegations of misconduct," the FMC said.
Cary Yan, former president of a New York-based non-governmental organization, was sentenced to three years and six months in prison for paying bribes to Marshall Islands officials in violation of the Foreign Corrupt Practices Act, DOJ announced. Yan conspired with his assistant, Gina Zhou, as part of a bribery scheme to pass legislation that would benefit Yan's business interests. Zhou was sentenced in February to two years and seven months in prison.
Amsterdam-based multinational conglomerate Koninklijke Philips will pay more than $62 million to settle charges it violated the Foreign Corrupt Practices Act related to its sales of medical diagnostic equipment in China, the SEC announced. Without admitting guilt, Philips agreed to pay $15 million in civil penalties and over $47 million in disgorgement and prejudgment interest.
The Bureau of Industry and Security again renewed the temporary denial order for Russia's Rossiya Airlines, saying the company has continued to illegally operate planes in violation of U.S. export controls, including on flights into and out of Russia going to and from Egypt and Turkey. The agency renewed the denial order for another 180 days from May 12. BIS first suspended the export privileges of the airline in May 2022 (see 2205200008) and renewed the TDO in November (see 2211170050).
DOJ seized 13 web domains used by Specially Designated Nationals and Global Terrorists and their members linked with Lebanese Hezbollah. The department received court authorization to seize five domains registered to the Public Interest Registry and eight domains registered to Verisign, DOJ said May 11. It said sanctioned parties cannot "obtain services, including website and domain services," without a license from the Office of Foreign Assets Control.
The Bureau of Industry and Security this week suspended the export privileges of five people, including four for illegal exports of guns or ammunition and one person for illegally exporting services to North Korea.