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.
The U.S. District Court for the Southern District of New York should toss the U.S. claim that FTX crypto-exchange founder Sam Bankman-Fried violated the Foreign Corrupt Practices Act's anti-bribery provision since the government failed to allege an essential element of the FCPA, Bankman-Fried said in a motion to dismiss. The U.S. said payments were made to unfreeze assets belonging to cryptocurrency firm Alameda Research but didn't say payments were made to "secure or retain a contract with a foreign government agency, gain an unfair advantage, or achieve an objective of the sort addressed in the FCPA’s text or legislative history or in relevant caselaw" (U.S. v. Samuel Bankman-Fried, S.D.N.Y. # 22-00673).
The Commerce Department again renewed a temporary export denial order for Mahan Airways because the airline continues to violate the order and the Export Administration Regulations. Mahan Airways has been on the banned list since 2008, and Commerce in its May 5 notice said the Iranian airline has continued to fly to and from Iran from Russia and China in violation of U.S. export controls. It also said the airline in April reportedly began direct flights from Iran to Minsk, Belarus, and also has helped repair planes belonging to Russia's Aeroflot, which is also subject to a temporary denial order (see 2303300013). The latest renewal for Mahan is for 180 days from May 5.
The Bureau of Industry and Security this week revoked the export privileges of two people after they were convicted of smuggling weapons and ammunition from the U.S. to Mexico.
New York lawyer Robert Wise pleaded guilty to participating in a scheme to make around $3.8 million in payments to maintain six real properties in the U.S. owned by sanctioned Russian oligarch Viktor Vekselberg. Wise pleaded guilty to one count of conspiring to commit international money laundering and faces a maximum of five years in prison, DOJ said April 25. He also forfeited more than $3.7 million and agreed "to be satisfied" by a $210,441 payment.
Fabian Humberto Tovar Caicedo, a former Colombian Army intelligence officer, was sentenced to 12 years in prison for his role in a conspiracy to distribute cocaine for import into the U.S. Tovar Caicedo offered certain "corrupt services" to a drug trafficking organization, including the provision of police in Colombia's Port of Santa Marta that that were willing to "facilitate the export of cocaine in exchange for payment," DOJ said April 25.
Sim Hyon Sop, a representative of a North Korean foreign trade bank, was charged in U.S. District Court for the District of Columbia in two federal indictments for his role in two different money laundering conspiracies meant to raise funds for North Korea via cryptocurrency, in violation of U.S. sanctions, DOJ announced. Sim allegedly conspired with over-the-counter cryptocurrency traders to "use stolen funds to buy goods for North Korea and for conspiring with North Korean IT workers to generate revenue through illegal employment at blockchain development companies" in the U.S., DOJ said.
DOJ will look to further crack down on Russian sanctions evasion by zeroing in on overseas investment advisers, hedge funds, law firms and private equity managers that have so far evaded scrutiny, Andrew Adams, head of DOJ's Task Force KleptoCapture, told Bloomberg. KleptoCapture is the interagency group charged with enforcing U.S. sanctions on Russia.
Rana Tanveer, a Beckley, West Virginia, resident, pleaded guilty April 20 to committing an export fraud violation by submitting false export valuations for certain items shipped to Pakistan, DOJ announced. Tanveer faces a maximum five-year prison sentence and a $250,000 fine.
Claudia Patricia Diaz Guillen, Venezuela's former national treasurer, and her husband, Adrian Jose Velasquez, each were sentenced to 15 years in prison for their roles in a bribery and money-laundering scheme in violation of the Foreign Corrupt Practices Act, DOJ announced April 19. The duo accepted and laundered over $136 million in bribes from Venezuelan billionaire and Globovision news network owner Raul Gorrin Belisario in exchange for access to purchase bonds from the Venezuela National Treasury at a favorable exchange rate.