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Articles by Mike Koehler
Judge Denies Berko’s Motion For Acquittal And A New Trial
In August, Asante Berko (a former Executive Director of Goldman Sachs International) was convicted by a jury of FCPA and related offenses in connection with a Ghana bribery scheme after a trial in the E.D. of New York. Thereafter, Berko filed a motion for acquittal and a new trial which stated in pertinent part: In this case, the evidence is insufficient to show Mr. Berko agreed with the alleged coconspirators to pay bribes to government officials.
A Focus On Georgia And Ukraine
This post highlights FCPA enforcement actions concerning conduct (in whole or in part) in Georgia and Ukraine.
A Focus On Georgia And Ukraine
This post highlights FCPA enforcement actions concerning conduct (in whole or in part) in Georgia and Ukraine.
DOJ Announces Arrest In Connection With Criminal Charges Involving Bribery In Venezuela
In 2019, Alvaro Pulido Vargas was criminally charged with laundering the proceeds of violations of the FCPA in connection with a scheme to pay bribes to take advantage of Venezuela’s government controlled-exchange rate. (See here). In 2021, the DOJ also announced the unsealing of an indictment charging various individuals including Alvaro Pulido Vargas for their alleged roles in laundering the proceeds of contracts to provide food and medicine to Venezuela that were obtained through bribes.
A Focus On South Africa
This post highlights seven FCPA enforcement actions concerning conduct (in whole or in part) in South Africa. AAR (2024) The enforcement action concerned conduct in South Africa and Nepal.
Checking In On The Hobson Case
In February 2026 Charles Hunter Hobson (who served in a variety of roles at Corsa Coal from 2013 to 2018) was found guilty by a jury for various Foreign Corrupt Practices Act and related offenses in connection with an Egyptian bribery scheme. With a motion for a judgement of acquittal pending, in September 2026 (through new counsel) Hobson filed a motion to dismiss based on the court’s supervisory powers.
Ninth Circuit Decision Addresses Statute Of Limitations Issue Relevant In Certain FCPA Enforcement Actions
Recently, the Ninth Circuit addressed the question of what “offense” means in § 3292. U.S. v. So was not an FCPA enforcement action, but rather involved an alleged scheme to bribe various General Motors executives in the hopes of receiving an automotive supply contract.
What Does The Term “Anti-Corruption Lawyer” Mean?
Have you ever really paused to think what the term “anti-corruption lawyer” means? Mark McCaig, Publisher of the Texas Voice (which describes itself as an “honest and trustworthy source of information about Texas politics and government), has and he takes issue with Democrat Texas House candidate Josh Wallenstein calling himself an “Anti-Corruption Lawyer.” Why? Well, according to McCaig, Wallenstein’s resume “does not reflect any work as a prosecutor.
Aguilar Sentenced To Four Years
As highlighted here, in September 2020 the DOJ announced that Javier Aguilar (a former employee of Vitol Inc.) was criminally charged for “his alleged participation in a five-year international bribery and money laundering scheme involving corrupt payments to Ecuadorian officials.” (In December 2020, Vitol resolved a net $90 million Foreign Corrupt Practices Act enforcement action for conduct in Brazil, Ecuador and Mexico – see here).
A Focus On Uzbekistan
This post highlights FCPA enforcement actions concerning conduct (in whole or in part) in Uzbekistan. Three related large (from a settlement amount standpoint) enforcement actions concerning the Uzbekistan telecommunications sector lead the list.
China Headquartered Company Resolves Books And Records And Internal Controls Matter
The Foreign Corrupt Practices Act has always been a law much broader than its name suggests. Sure, the FCPA contains anti-bribery provisions which concern foreign bribery. Sure, the FCPA’s books and records and internal controls provisions can be implicated in foreign bribery schemes.
A Focus On Kazakhstan
This post highlights thirteen FCPA enforcement actions concerning conduct (in whole or in part) in Kazakhstan. Unaoil Executives (2019) The enforcement action against Cyrus Ahsani and Saman Ahsani (the former CEO and Chief Operations Officer of Monaco-based Unaoil) concerned conduct in Iraq, Kazakhstan, Libya, Algeria, Iran, Azerbaijan, Angola, Syria, the Democratic Republic of the Congo, and elsewhere.
DOJ Files Appellate Brief In Rovirosa Matter
In early December 2025, Ramon Alexandro Rovirosa Martinez was found guilty at trial of FCPA and related offenses in connection with an alleged Mexican bribery scheme. In mid-April 2026, Judge Kenneth Hoyt (S.D. Texas) granted post-trial motions by Rovirosa and ordered that he be released from prison. (See here). Shortly thereafter, on May 8th, the DOJ filed a notice of appeal in the Fifth Circuit.
A Focus On India
This post highlights twenty-four FCPA enforcement actions concerning conduct (in whole or in part) in India.
Berko Files Motion For Acquittal And New Trial
Earlier this month, Asante Berko (a former Executive Director of Goldman Sachs International) was convicted by a jury of FCPA and related offenses in connection with a Ghana bribery scheme after a trial in the E.D. of New York. Recently, Berko filed a motion for acquittal and a new trial.
Hobson Motion To Dismiss – The “Foreign Official” Issue
“Al Nasr’s status as an instrumentality of the Egyptian government was an element the government had to prove. It is what makes this an FCPA case. It proved that element with a paid expert, and then used the expert’s answer to carry the element actually in dispute: what Hobson knew. Professor Arafa told the jury that a 1961 presidential decree created Al Nasr, that the State owned and funded it, and that the government named its board. Day 3 Tr. 56–57, 59–78.
Hobson Files A Motion To Dismiss
“When confronted with coercive prosecutorial tactics . . . , the [Supreme] Court has often condoned those practices or let them pass in silence.” Hunter v. United States, 146 S. Ct. 1702, 1715 (2026) (Gorsuch, J., concurring). This Term, it “begins to correct course.” Id. This case is directly in Hunter’s cross hairs. The government improperly used a five-year-old proffer to deprive a United States citizen of his constitutional right to a fair trial.
The Back And Forth Continues
“I write in response to the Court’s Order dated August 10, 2026, in which the Court granted the Government’s unopposed Rule 48(a) motion to dismiss certain counts in the above-captioned case but reserved judgment as to others pending further response from the Government.
Berko Convicted Of FCPA And Related Offenses
In the latest example of the Trump administration’s retreat from FCPA enforcement (or some still maintain), earlier today Asante Berko (a former Executive Director of Goldman Sachs International) was convicted by a jury of FCPA and related offenses in connection with a Ghana bribery scheme after a trial in the E.D. of New York.
Hey Look … The Scoular DPA
“The [DOJ] enters into this Agreement based on the individual facts and circumstances presented by this case, including: a.
Judge In Adani Case Says Not So Fast
In 2024, the DOJ criminally charged various individuals in connection with an alleged Indian bribery scheme. (See here for the prior post). Gautam Adani (a citizen of India and founder of the Adani Group which includes numerous portfolio companies including Adani Green Energy – and Indian energy company) was charged with securities fraud conspiracy and wire fraud conspiracy.
Seventh Circuit Decision In Non-FCPA, FCPA Enforcement Action
Audio Player This site has long followed the criminal prosecution of four former Commonwealth Edison (“ComEd”) executives and associates based on allegations of attempting to influence and rewarding the former Speaker of the Illinois House of Representatives in order to assist with the passage of legislation favorable to the electric utility company. Bribery of a state politician is not ordinarily the type of conduct that results in Foreign Corrupt Practices Act issues.
A Look At Oztemel’s Second Circuit Appeal
“The district judge in this proceeding—where Glenn Oztemel was convicted on Foreign Corrupt Practices Act (FCPA) and money laundering charges—took pains to emphasize that “the case presents several novel issues of law” that “should be addressed by the Circuit.” Many of those issues resulted from legally dubious trial strategy decisions by the government that “injected extraordinary opacity into the trial and the jury charge.” Indeed, even after the district court grudgingly allowed jury...
DOJ Files Notice Of Appeal Regarding Rovirosa Dismissal
“After considering the relevant circumstances surrounding the government’s case, and its intended use of electronic messages between the alleged co-conspirators and the co-defendant, the Court determines that the messages are testimonial and are governed by common law and the Confrontation Clause of the Sixth Amendment.
Checking In On SQM’s Scrutiny
As highlighted in this prior post, in 2017 Sociedad Quimica y Minera de Chile S.A. (SQM) (a chemical and mining company based in Chile with American Depository Shares listed on the New York Stock Exchange) resolved a $30.5 million FCPA enforcement action in relation to alleged conduct with Chilean officials.
Checking In On The Smartmatic Action
“Broadly speaking, the [original] Indictment alleged a scheme to bribe co-defendant Mr. Bautista, the former chairman of the Philippine Commission on Elections (“COMELEC”), to “obtain and retain” election-servicing contracts with—and “receive payment” from—COMELEC for the benefit of several companies associated with SGO.
FCPA Enforcement Action Against Drillmec Executive Unsealed
As highlighted here, in March 2026 the DOJ filed a criminal information against Alfonso Wilson (CEO of Oil Technologies Consortium) alleging that he and others obtained and retained a December 2021 Contract with PEMEX for an Equipment Company through corrupt and fraudulent means including by offering and paying bribes to a Foreign Official. The Equipment Company (described as a company based in Texas) is Drillmec.
Can College Athletes Be Public Officials?
I look at many things through a Foreign Corrupt Practices Act lens. It’s an occupational hazard I guess.
Smartmatic Files Motion To Dismiss For “Vindictive And Selective Prosecution”
“To secure the Constitution’s promise of due process, an indictment’s accusations must follow only from fair and impartial decision-making, free from improper political motives or the desire to arbitrarily punish someone the Executive Branch dislikes.
Another FCPA?
Imagine a world in which there were two FCPA’s. The Foreign Corrupt Practices Act and … the Fiscal Contingency Preparedness Act.
Norway Announces Bribery Enforcement Action Concerning Conduct in Congo
“The indictment is an illustration of what may be described as “grand corruption”. This entails the use of bribes directed to the top public officials of a country, and often implies bribes of huge monetary value. Bribes in grand corruption cases may facilitate that the rulers of a country may abuse their powers to enrich themselves and their families to the detriment of the citizens of the country.
Checking In The Hobson Matter
It is relevant in this trial that Mr. Hobson’s employer, the coal company Corsa, made a deal with the Government and undersigned counsel intends to enter evidence to that extent. The defense intends to cross-examine to the utmost any person or entity that made a deal with the United States Government to receive a plea agreement, declination letter, or a promise, as undersigned counsel has done for 35 years of practice.
DOJ FCPA Enforcement - 2025 Year In Review
See here and here for prior posts. Charges: Conspiracy to violate the FCPA’s anti-bribery provisions. Resolution Vehicle: Criminal information resolved through a deferred prosecution agreement. Guidelines Range: $120 – $240 million. Settlement: $118.2 million. Origin: As stated by the DOJ: “in 2015, Millicom voluntarily and timely disclosed to the Criminal Division misconduct at the Company (Millicom’s then-joint venture) that, in part, forms the basis for this Agreement.
The “Foreign Officials” Of 2025
A “foreign official.” Without one, there can be no FCPA anti-bribery violation (civil or criminal). Who were the alleged “foreign officials” of 2025? This post highlights the alleged “foreign officials” from 2025 corporate FCPA enforcement actions. As is apparent from the descriptions below, in certain instances the enforcement agencies describe the “foreign official” with reasonable specificity.
Corporate FCPA Enforcement In 2025 Compared To Prior Years
This post, the first in a weeks-long year in review statistical feast on FCPA Professor, compares corporate FCPA enforcement in 2025 to prior years. 2025 was certainly an interesting year from an enforcement perspective.
Rovirosa Files Motion For Judgement Of Aquittal
“The trial of the Government’s case was built on a false and misleading narrative and the improper use of inadmissible evidence. In opening statement, the Government relied heavily on a surreptitiously recorded interview of Mr. Rovirosa and told the jury that he “even told law enforcement he knew it was wrong to pay bribes.” (Tr. Transcript, p. 190). That assertion was misleading and prejudicial.
The FCPA Turns 48
Our favorite statute, the Foreign Corrupt Practices Act, turns 48 this week. In signing the FCPA into law, President Jimmy Carter stated: “I am pleased to sign into law S. 305, the Foreign Corrupt Practices Act of 1977 and the Domestic and Foreign Investment Improved Disclosure Act of 1977. During my campaign for the Presidency, I repeatedly stressed the need for tough legislation to prohibit corporate bribery. S. 305 provides that necessary sanction.
Zaglin Sentenced To 8 Years
Individuals charged with Foreign Corrupt Practices Act violations (or most other criminal violations) face a stark choice. Test your innocence or plead guilty – often while cooperating. Obviously, the alleged facts and legal theories involved are going to drive much of this analysis, but risk aversion often does as well. If an individual tests his/her innocence and does not “pass the test,” the ultimate outcome is likely going to be much more harsh compared to other options.
False Or Misleading Snippets
For sixteen years and running, I have run searches for Foreign Corrupt Practices Act content every day, seven days a week, 365 days a year. The amount of false or misleading FCPA information is rather astonishing – particularly when one considers much of it is published by individuals who portray themselves as FCPA experts or are paid journalists often with “mainstream” media outlets.
A Closer Look At The Comcel Enforcement Action
“a. the nature and seriousness of the offense conduct, as described in the Statement of Facts, including a pervasive bribery scheme to obtain and retain telecommunications business in Guatemala, orchestrated by the Company’s Guatemalan shareholder and then-senior Company personnel and involving the use of narcotrafficking proceeds to fund some of the bribes; b.
Kodiak Gas Services Discloses “Potential Compliance Issues”
Kodiak Gas Services is a provider of natural gas contract compression services. In late 2023, Kodiak announced its intent to acquire CSI Compressco LP whose customers included various business in several foreign countries including Mexico, Canada, Argentina, and Chile.
Offensive Use Of The FCPA
The article “Foreign Corrupt Practices Act Ripples” documents numerous “ripple effects” of FCPA scrutiny and enforcement beyond a DOJ/SEC enforcement action including so-called “offensive use” of the FCPA by a competitor or adversary to achieve a business objective or to further advance a litigating position.
Individual Pleads Guilty To FCPA Offense … Of Some Sort
Many Foreign Corrupt Practices Act enforcement actions are accompanied by DOJ or SEC press releases. Others just randomly appear on a court docket waiting for someone to notice. In the later category, MLex recently noticed an FCPA enforcement action against Carlos Leopoldo Alvelais Alarcon. The court docket contains some information, but not much. This much is known.
Examples Of A Corporate FCPA Action After A Related Individual Action
In the modern era of FCPA enforcement, most DOJ FCPA enforcement actions against business organizations do not involve related criminal charges against individuals associated with the organization. (See here). When individuals associated with the company are also charged – based on the same core conduct alleged, in whole or in part, in the corporate action – the process generally occurs in one of three ways. The corporate action and the individual action(s) occur on the same day.
Smartmatic Criminally Charged With FCPA And Related Offenses
In August 2024, the DOJ announced that a “federal grand jury in the Southern District of Florida returned an indictment … charging three executives of an election voting machine and service provider company and a former Chairman of the Commission on Elections (COMELEC) of the Republic of the Philippines for their roles in an alleged bribery and money laundering scheme to retain and obtain business related to the 2016 Philippine elections.
The Story Of George McLean
This post (originally published in 2013) concerns a historic individual in terms of Foreign Corrupt Practices Act history. Prior posts here and here provided necessary background information concerning the DOJ’s FCPA enforcement action against George McLean (a former Vice President of Solar Turbines International (“Solar”), a division of International Harvester Company). As indicated in the prior posts, McLean (and several others) were criminally charged in 1982 for FCPA and related offenses.
FCPA Enforcement Compared To Prior Years
Much of the coverage surrounding the 118 day FCPA enforcement “pause” earlier this year lacked context including as to what “normal” FCPA enforcement looks like. This post provides that context. The below chart highlights FCPA enforcement (Q1, Q2 & Q3) over the past five years.
Counterpoints …
In a recent Substack post, Richard Cassin (the former editor of the defunct FCPA Blog) writes – in reference in to a June DOJ memo titled “Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act” that “overnight, the FCPA became less about corporate graft and more about foreign policy objectives.” Cassin’s assertion ignores that foreign policy has always been a major theme of the FCPA.
Gaps In SEC FCPA Enforcement
Much of the discussion this year in the FCPA space has focused on President Trump’s February Executive Order “pausing” DOJ FCPA enforcement. The “pause” lasted 118 days (during which various aspects of FCPA – and related – enforcement did occur) and ended in June. Since then, the DOJ has brought a corporate FCPA enforcement action as well as an individual FCPA enforcement action. The SEC of course has FCPA enforcement powers as well (as to issuers and associated persons).
Size Matters, But To What Extent?
U.S. business organizations large and small are subject to the anti-bribery provisions of the Foreign Corrupt Practices Act. Although the books and records and internal controls provisions only apply to issuers, issuers are not always large companies.
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