Significant dd-3 Development in Africa Sting Case

When listing reasons why FCPA enforcement has increased, the 78dd-3 prong of the FCPA's anti-bribery provisions should be on the list.

The FCPA, since its inception in 1977, always applied to "issuers" and "domestic concerns", but the 1998 amendments added a third prong providing jurisdiction as to "persons other than issuers or domestic concerns."

As to this class of persons, the FCPA provides the following jurisdictional requirement: "while in the territory of the United States, corruptly to make use of the mails or any means or instrumentality of interstate commerce or to do any other act in furtherance of an offer, payment, promise to pay, or authorization of the payment of any money, or offer, gift, promise to give, or authorization of the giving of anything of value ...". (emphasis added).

Several recent FCPA enforcement actions have been based on the dd-3 prong of the statute including the actions against the Daimler subsidiaries (see here, here, and here); SSI International Far East (see here); and others.

In the Daimler actions, the jurisdictional statements in the charging documents are as follows. "wire transfers ... sent from Daimler accounts in Germany to financial institutions in the United States and elsewhere, via international and interstate wires, in furtherance of corrupt payments to Russian government officials;" "payments to third party agents, including shell companies established in the United States knowing that such payments would be passed on in whole or in part to Russian government officials;" " "wire transfers ... sent from Daimler accounts in Germany to financial institutions in the United States and elsewhere, via international and interstate wires, in furtherance of corrupt payments to Chinese government officials;" and "enter[ing] into sham consulting contracts with shell companies incorporated in Delaware and Wyoming for the purpose of making improper payments to Croatian government officials."

In SSI, the jurisdictional statement in the charging document is as follows. SSI " transmitted requests to the United States for approval and wire transfer of funds for payment to managers of Schnitzer Steel's customers in South Korea and China in connection with sales of scrap metal to those customers. Accordingly, defendant SSI acted within the territorial jurisdiction of the United States."

In my recent Q&A with Homer Moyer (here) he stated as follow: "To be sure, in enforcing the FCPA, the government tries to overreach from time to time -- exercising anti-bribery jurisdiction over foreign subsidiaries and aggressive applications of dd-3 jurisdictional on the grounds that some step in the process took place “in the territory of the United States” come to mind as occasional examples. When enforcement agencies overreach, they should be challenged."

Yet, as with most things FCPA related, these aggressive jurisdictional theories have generally escaped judicial scrutiny.

Until now.

In what is believed to be the first judicial ruling on the jurisdictional prong of the dd-3 prong of the FCPA, earlier this week, Judge Richard Leon (presiding judge in the Africa Sting cases) granted defendant Pankesh Patel's Rule 29 acquittal motion at the end of the DOJ's as to an FCPA substantive charge premised on his sending a DHL package - containing a purchase agreement in furtherance of the alleged corrupt scheme - from the U.K. to the U.S.

Pankesh Patel is among the first group of four defendants currently on trial and he is described in the indictment as follows. "[A] citizen of the United Kingdom and [...] a “person” other than an issuer or a domestic concern as that term was defined in the FCPA. 15 U.S.C. § 78dd-3(f)(1). Patel was the Managing Director of Company A, a United Kingdom company that acted as a sales agent for companies in the law enforcement and military products industries. As a company that maintained its place of business in the United Kingdom, Company A was a “person” other than an issuer or domestic concern as that term was defined in the FCPA. 15 U.S.C. § 78dd-3(f)(1)."

Among the charges against Patel was Count 3 - that Patel violated the FCPA's anti-bribery provisions by sending, on October 13, 2009, a DHL package from the U.K. to Washington D.C. "containing one original copy of the purchase agreements for the corrupt Phase Two deal."

At the close of the DOJ's case earlier this week, Patel's attorney, Eric Bruce (Kobre & Kim LLP - see here) moved, as did the other defendants as to other charges, pursuant to Rule 29 for a judgement of acquittal.

Judge Leon did not request briefing as to the Rule 29 motions and his decision and reasoning was not reduced to writing - thus what follows are quotes from the hearing transcript.

As to Count 3, Bruce stated that the DOJ "charged Mr. Patel in Count 3 with something that cannot be a crime under U.S. law. And here's what I mean by that. As we saw in the FCPA statute with which he's charged, 78dd-3, because he's a U.K. citizen, operating a U.K. company, he's not a domestic concern under the statute, he can only be liable under the FCPA statute for conduct "while in the territory of the United States." And that's required by statute. That's their sort of jurisdictional hook on him. And what they've done in Count 3, if you look at the language, if you go back to the indictment, Your Honor --."

At this point, the following exchange occurred.

"Judge Leon: Sending it DHL?

Bruce: Yeah from London. So in Count 3 it says on the face of the indictment, DHL from the United Kingdom to Washington, D.C., containing one original copy of the purchase agreement for the corrupt phase 2 deal. So literally they've charged him with being in London and dropping a DHL package in the mail as a substantive FCPA violation, while the statute very clearly requires that he can only be liable for something while in the territory of the United States."

Joey Lipton, on behalf of the DOJ, then stated as follow. "And under the FCPA, as long as he's taking an act as someone who's not a domestic concern, as Mr. Patel is a U.K. citizen, he falls under section 78dd-3, which Mr. Bruce said. He actually has to do less than a U.S. citizen really, because a U.S. citizen has to make use of the mails or interstate commerce. And Mr. Patel just has to take an act, any act, while he's in the United States. Doesn't have to be an illegal act, doesn't have to be anything related to the deal going forward. He has to take any act in the United States, which he clearly does. First of all, he flies over from the U.K. to the United States, which we established through his travel records. And then he meets with the fictitious official and receives a purchase agreement. He then later takes that purchase agreement and sends it back. So the deal's not done at that point, contrary to what Mr. Bruce said. But he's already taken the act, he's here in the United States, he sends it. With regard to Count 3 -- and you don't have to prove all of the elements of the offense while he's in the United States. Doesn't have to be counts or elements 1 through 6 of the FCPA while he actually travels here and does all that stuff. He just has to take an act while he's in the United States. He did take an act. In Count 3 he then sends back the purchase agreement that he gets from the official, from Mahmadou, and he's able -- and that falls under the FCPA because he's already taken an act here when he's done that. So that independently can be its own act. It doesn't have to be that each substantive count is an act while he's in the United States, as long as he takes an act while he's here. So his burden actually as a U.K. citizen is even less than what the other defendants have to do in terms of using the mail or traveling and the like."

The following exchange then occurred between Lipton and Judge Leon.

"Judge Leon: Help me understand why it doesn't have to be an act while in the territory of the United States for Count 3, whereas Count 2 [a substantive FCPA offense against Patel based on his attendance at a Washington D.C. meeting to discuss the allegedly corrupt deal], sounds like you admit that that's the case in Count 2. In Count 3, I think your rationale is since he's already taken one act within the United States, the subsequent act of mailing doesn't have to be within the United States, right?

Lipton: Correct, Judge.

Judge Leon: All right. So what's the rationale for that? Why doesn't the second act have to be within the United States too? I'm not sure I understand that.

Lipton: Well, as long as he takes an act here, then we're allowed to charge him with other acts, like a mailing or a travel that goes to the FCPA substantive offense. So it doesn't have to be that each individual act is the one act while he's in the United States that he's taking. As long as he's taking one act, he can have multiple substantive violations for other acts he's taking as long as --

Judge Leon: Outside the United States?

Lipton: Outside the United States. Correct, Judge.

Judge Leon: Has the Supreme Court said that?

Lipton: Judge, no.

Judge Leon: Has the D.C. Circuit said that?

Lipton: No.

Judge Leon: How about the 2nd Circuit, where you used to prosecute?

Lipton: Judge, there's not a lot of case law on the FCPA, as Your Honor I think is well aware.

Judge Leon: So is this a novel interpretation you want me to take?

Lipton: I don't know if it's a novel interpretation. I think it's an interpretation that's grounded in the law that's out there.

Judge Leon: Is it grounded in the legislative record?

Lipton: We can go back and we can get Your Honor more particulars about the legislative history if Your Honor wants that.

Judge Leon: I would think the more cautious, conservative interpretation would be that each act has to be while in the territory of the United States, wouldn't it?

Lipton: Well, Judge, if you read the statute, the way that I understand it and the way it's been interpreted is that you just have to take an act. And if he's traveling or if he's mailing something from outside that comes into the United States, that that on its own would be sufficient. And I also believe Mr. Patel's charged with an aiding and abetting theory as well, so, I haven't fleshed that out, but there may be an argument to be made that even less has to be done on an aiding and abetting theory. Also, there's a Pinkerton theory, which if he knows as a conspirator that acts are being taken by his codefendants or himself in furtherance of the conspiracy, then anything that's reasonably foreseeable can also be an act, a substantive count. But, Your Honor, I can go back and we can get more details and particulars. Frankly, I don't have the case law or the legislative history to the extent that that's going to be helpful. That goes to that point."

In reply, Bruce stated as follows. "I heard Mr. Lipton say that Mr. Patel only has to do an act in the United States, it doesn't even have to be illegal. If that's the government's position, I'm happy to take that to the D.C. Circuit if there's a conviction on these points. That is absurd, with all due respect to Mr. Lipton. The statute plainly requires, Your Honor, that while in the territory of the United States he has to corruptly make use of the mails or any means or instrumentality of interstate commerce or do any act in furtherance of an offer, payment, promise to pay or authorization. It's clear as day."

After a recess, Judge Leon dismissed Count 3 against Patel.

Judge Leon also dismissed Count 8 (a substantive FCPA violation charge) as to defendant Lee Allen Tolleson; and dismissed Count 10 (money laundering) as to all four defendants. In all other respects, Judge Leon denied the Rule 29 motion.

Judge Leon's ruling is a significant FCPA development as many FCPA charges (as demonstrated by the above cases) are based on similar "novel" jurisdictional theories under the dd-3 prong of the FCPA.

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Friday Roundup

It has been a few weeks since my last Friday Roundup.

As a result this is a souped-up edition.

Is paying an FCPA fine merely a cost of business, are FCPA internal investigations getting just a bit out-of-hand, have you heard that a new cottage industry of FCPA experts has emerged, quit picking on Canada, will Julian Messent (or others) be prosecuted for FCPA violations, Assistant Attorney General Breuer on the Kleptocracy Asset Recovery Initiative, Proclamation 7750 news, and a son who wants to keep the New York condo ... it's all here in the Friday roundup.

Is Paying an FCPA Fine Merely a Cost of Business?

One may wonder, and legitimately so, whether getting caught for violating the FCPA is simply a cost of doing business whereby the company pays a fine and then continues to do business, including with, in many cases, the U.S. government. See here for my post on Siemens - The Year After, here for my post on BAE's recent $40 million contract with the FBI (note because of the facade of FCPA enforcement, BAE was not charged with violating the FCPA - see here).

Denis McInerney, Chief of the DOJ's Fraud Section, rejected such an assertion during an October 21st speech before the American Bar Association.

According to Inside U.S. Trade, McInerney "sought to rebut charges that FCPA enforcement relies too heavily on settlement agreements and that it is therefore like a licensing regime under which 'companies are allowed to bribe, but if caught they have to pay a fee.'" According to Inside U.S. Trade, McInerney said that in the past two years, DOJ has imposed fines of $59 million, $19 million, $365 million, $338 million, $400 million, $376 million, $579 million and $800 million and he "emphasized that the companies paying these penalties are subject to monitoring which can lead to criminal prosecution if new offenses occur." According to Inside U.S. Trade, McInerney said "I guarantee you that these firms do not view these are mere licensing fees."

Is This Getting a Bit Out of Hand?

Avon previously disclosed the existence of an internal investigation focused on potential FCPA issues (see here for the prior post).

Here is what the company said in its 10-Q filing (here) yesterday:

"As previously reported, we have engaged outside counsel to conduct an internal investigation and compliance reviews focused on compliance with the Foreign Corrupt Practices Act (“FCPA”) and related U.S. and foreign laws in China and additional countries. The internal investigation, which is being conducted under the oversight of our Audit Committee, began in June 2008. As we reported in October 2008, we voluntarily contacted the United States Securities and Exchange Commission and the United States Department of Justice to advise both agencies of our internal investigation. We are continuing to cooperate with both agencies and inquiries by them, including but not limited to, signing tolling agreements, translating and producing documents and assisting with interviews.

As previously reported in July 2009, in connection with the internal investigation, we commenced compliance reviews regarding the FCPA and related U.S. and foreign laws in additional countries in order to evaluate our compliance efforts. We are conducting these compliance reviews in a number of other countries selected to represent each of the Company’s four other international geographic segments. The internal investigation and compliance reviews are focused on reviewing certain expenses and books and records processes, including, but not limited to, travel, entertainment, gifts, and payments to third−party agents and others, in connection with our business dealings, directly or indirectly, with foreign governments and their employees. The internal investigation and compliance reviews of these matters are ongoing, and we continue to cooperate with both agencies with respect to these matters. At this point we are unable to predict the duration, scope, developments in, results of, or consequences of the internal investigation and compliance reviews."

Here is what Avon had to say in the fling about its net global expenses:

"The increase in Net Global expenses for both the three and nine months ended September 30, 2010, was primarily attributable to significant professional and related fees associated with the FCPA investigation and compliance reviews described in Note 5 to the consolidated financial statements included herein of approximately $24 (up approximately $17 from the three months ended September 30, 2009) and approximately $72 (up approximately $49 from the nine months ended September 30, 2009), respectively. The increase in Net Global expenses for the nine months ended September 30, 2010 was also due to higher costs associated with global initiatives and costs associated with business acquisitions. Professional and related fees associated with the FCPA investigation and compliance reviews, while difficult to predict, are expected to continue during the course of this investigation."

Those figures are not mere dollars, but millions of dollars. And, as noted in the disclosure, the expenses are expected to increase.

On a much smaller (yet still meaningful) scale, on August 31st, Orthofix disclosed (here) the existence of an internal investigation relating to FCPA issues focused on its Mexican subsidiaries, an entity that accounts "for approximately one percent of the Company’s consolidated net sales and consolidated total assets."

Recently, Orthofix provided this update in an 8-K filing (here):

"Operating income in the third quarter of 2010 included the impact of $3.7 million in legal expenses associated with the DOJ investigation of the bone growth stimulation industry and the Company’s internal investigation into its compliance with the Foreign Corrupt Practices Act in its subsidiary in Mexico."

Newsweek Notices FCPA Inc.

Newsweek recently carried a short blurb (here) titled "Going After Graft." Among other things, the piece states:

"With prosecutions likely to continue—the FBI has doubled the number of agents tasked to FCPA cases—business is responding in kind. Law firms are competing for top FCPA talent, banks financing international deals are insisting on anti-bribery stipulations in contracts, and a new cottage industry of experts has emerged, offering country-by-country advice on gifts and local laws. In the words of an FBI spokesperson, FCPA are 'four letters you need to be aware of if you’re doing business in the international marketplace.'"

Quit Picking On Canada

What if, in the U.S., there was no fallback FCPA books and records and internal control charges, there was no voluntary disclosure culture, there were no "overzealous prosecutions," and there were no prosecutions undertaken as "publicity stunts."

According to Cyndee Todgham Cherniak (here), FCPA enforcement would likely resemble the sparse enforcement of Canada's Corruption of Foreign Public Officials Act.

At least that is my take-away from her recent post (here) on the Trade Lawyers Blog.

For more on Canada's Corruption of Foreign Public Officials Act (see here and here).

Will Julian Messent (Or Others) Be Prosecuted For FCPA Violations?

Earlier this week, the U.K. Serious Fraud Office (SFO) announced (here) that Julian Messent was sentenced to 21 months in prison "after admitting making or authorizing corrupt payments of almost US $2 million to Costan Rican officials in the state insurance company, Instituto Nacional de Seguros (INS) and the national electricity provider Instituto Costarricense de Electricidad."

Messent, a former director of London-based insurance business PWS International Ltd. (PWS), was the head of the Property (Americas) Divison at PWS in which role "he was responsible for securing and maintaining contracts for reinsurance in the Central and South America regions."

According to the SFO release, "Messent authorized 41 corrupt payments" "to be paid to Costa Rican officials, their wives and associated companies, as inducements or rewards for assisting in the appointment or retention of PWS as broker of the lucrative reinsurance policy for INS."

The SFO release also indicates that Messent was ordered to pay £100,000 in compensation to the Republic of Costa Rica. (In the U.S., FCPA fines flow solely into the U.S. Treasury).

Messent was charged under the U.K.'s Prevention of Corruption Act 1906 (see here).

According to this report in the Guardian, "the SFO decided not to prosecute PWS because the firm, which has been sold, had a substantial deficit in its pension fund."

According to the Guardian, "the covert payments were routed through bank accounts in the names of the wives of the Costa Rican officials and through accounts in Panama and the US, and a travel agency in Florida."

Under the 78dd-3 prong of the Foreign Corrupt Practices Act, persons other than an issuer or domestic concern (i.e. in this case foreign nationals) can be subject to the FCPA if the improper payments have a U.S. nexus.

Will FCPA prosecutions of Messent (and perhaps others) follow?

Breuer on the Kleptocracy Asset Recovery Initiative

As highlighted in this prior post, in November 2009, Attorney General Eric Holder called asset recovery from corrupt officials a "global imperative" and he announced a "redoubled commitment on behalf of the United States Department of Justice to recover" funds obtained by foreign officials through bribery.

In July 2010, Holder announced (here) the Kleptocracy Asset Recovery Initiative "aimed at combating large-scale foreign official corruption and recovering public funds for their intended – and proper – use: for the people of our nations." Holder announced that the DOJ is "assembling a team of prosecutors who will focus exclusively on this work and build upon efforts already underway to deter corruption, hold offenders accountable, and protect public resources."

In a recent keynote address at the Money Laundering Enforcement Conference (here), Assistant Attoney General Lanny Breuer had this to say about the initaitive:

"This Initiative represents a concrete step toward fulfilling that commitment. The Kleptocracy Initiative will involve three key sections in the Criminal Division: the Asset Forfeiture and Money Laundering Section, which will lead it, and the Office of International Affairs and the Fraud Section, which will provide critical support. Once fully implemented, this Initiative will allow the Department to recover assets on behalf of countries victimized by high-level corruption, building on the Justice Department’s already robust enforcement of the Foreign Corrupt Practices Act. Through the Kleptocracy Initiative, the Department will ensure that corrupt leaders cannot seek safe haven in the United States for their stolen wealth. And, if we uncover such wealth, the Justice Department will forfeit and return this stolen money to its rightful owners – the people and governments from whom it was taken."

In his speech, Breuer also discussed (in a non-FCPA context) how the DOJ wants "companies that uncover illegal conduct to come forward voluntarily."

Proclamation 7750 News

In 2004, President Bush signed Proclamation 7750 "To Suspend Entry As Immigrants or Nonimmigrants of Persons Engaged In or Benefiting From Corruption" (see here).

Proclamation 7750 basically says the U.S. can suspend entry into the country "of certain persons who have committed, participated in, or are beneficiaries of corruption in the performance of public functions where that corruption has serious adverse effects on international activity" subject to an exception where denying such entry would be "contrary to the interests" of the U.S.

Last year, the New York Times (here) ran an article quoting a former State Department official as saying the State Department(which is responsible for enforcing the proclamation) "seem[s] to lack the backbone to use this prohibition."

Earlier this month, David Johnson (Assistant Secretary, Bureau International Narcotics and Law Enforcement Affairs, U.S. Department of State) stated at the Third Committee of the 65th Session of the UN General Assembly (see here) as follows:

"The United States continues to broaden its efforts to deny entry into our own country of public officials who receive bribes as well as those who supply them. Corrupt officials are not welcome in the United States."

Joe Palazzolo (Wall Street Journal - Corruption Currents) followed up with Johnson and noted in a recent article that the "State Department is stepping up its game" in seeking to enforce Proclamation 7750. As Palazzolo reports, it is not hard to "step up the game" when "for a long time, one part-official [...] handled 7750 matters."

Palazzolo reports that the State Department recently hired two new employees and is "processing paperwork for two additional hires, who will focus the majority of their time on 7750 issues." The article quotes a State Department official as saying, "it is our hope and intention that the new hires will result in greater capacity."

Son Fights to Keep New York Condo

This prior post discussed the DOJ's civil forfeiture complaint filed in July against certain U.S. properties "that represent a portion of illegal bribes paid to the former president of Taiwan and his wife."

Joe Palazzolo (Wall Street Journal - Corruption Currents) recently reported that "the son of former Taiwanese President Chen Shui-bian has quietly hired legal counsel to prevent a Manhattan condominium, which prosecutors say was purchased with bribes, from falling into the hands of the government."

According to Palazzolo, the son, Chen Chih-chung, has retained Jonathan Harris (see here) to defend against the forfeiture action and Harris is quoted as saying he will be filing a motion to dismiss "shortly."

*****

A good weekend to all.

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Innospec Agent Pleads Guilty

Approximately one year ago, a criminal indictment against Ousama Naaman was unsealed (see here). The indictment charged Naaman, a dual Canadian and Lebanese national, with violating the FCPA and conspiring to violate the FCPA and commit wire fraud, while acting on behalf of a U.S. public chemical company and its subsidiary in connection with kickback payments to the Iraqi government under the United Nations Oil for Food Program. The indictment also charged Naaman with making payments on behalf of the company to Iraqi Ministry of Oil officials.

Since then, Naaman was extradited to the U.S. and the chemical company was identified as Innospec - which resolved its own FCPA enforcement action in March (see here).

As noted in this DOJ release, last Friday Naaman "pleaded guilty ... to a two-count superseding information filed June 24, 2010, charging him with one count of conspiracy to commit wire fraud, violate the Foreign Corrupt Practices Act (FCPA), and falsify the books and records of a U.S. issuer; and one count of violating the FCPA."

According to the release:

"From 2001 to 2003, acting on behalf of Innospec, Naaman offered and paid 10 percent kickbacks to the then Iraqi government in exchange for five contracts under the OFFP. Naaman negotiated the contracts, including a 10 percent increase in the price to cover the kickback, and routed the funds to Iraqi government accounts in the Middle East. Innospec inflated its prices in contracts approved by the OFFP to cover the cost of the kickbacks. Naaman also admitted that from 2004 to 2008, he paid and promised to pay more than $3 million in bribes, in the form of cash, as well as travel, gifts and entertainment, to officials of the Iraqi Ministry of Oil and the Trade Bank of Iraq to secure sales of tetraethyl lead in Iraq, as well as to secure more favorable exchange rates on the contracts. Naaman provided Innospec with false invoices to support the payments, and those invoices were incorporated into the books and records of Innospec."

For additional coverage of the Naaman plea, see here from Christopher Matthews at Main Justice.

In 1998, the FCPA's antibribery provisions were amended to, among other things, broaden the jurisdictional reach of the statute to prohibit "any person" "while in the territory of the U.S." from making improper payments through "use of the mails or any means or instrumentality of interstate commerce" or from doing "any other act in furtherance" of an improper payment. (see 15 USC 78dd-3(a)). "Any person" is generally defined to include any person other than a U.S. national or any business organization organized under the laws of a foreign nation. (see 15 USC 78dd-3(f)).

In other words ... the FCPA ... it isn't just for Americans.

Ousama Naaman found out the hard way.

Other foreign nationals that have been the focus of FCPA enforcement actions include Jeffrey Tesler and Wojciech Chodan (both U.K. citizens criminally indicted for their roles in the KBR / Halliburton bribery scheme)(see here) and Chrisitan Sapsizian (a French citizen who pleaded guilty to violating the FCPA for his role in a scheme to bribe Costa Rican foreign officials) (see here).

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The FCPA ... It's Not Just For Americans

In 1998, the FCPA's antibribery provisions were amended to, among other things, broaden the jurisdictional reach of the statute to prohibit "any person" "while in the territory of the U.S." from making improper payments through "use of the mails or any means or instrumentality of interstate commerce" or from doing "any other act in furtherance" of an improper payment. (see 15 USC 78dd-3(a)). "Any person" is generally defined to include any person other than a U.S. national or any business organization organized under the laws of a foreign nation. (see 15 USC 78dd-3(f)).

Thus, since 1998, and contrary to a still widely-held misperception, foreign nationals can be subject to the FCPA.

Ousama Naaman apparently did not get the memo as the DOJ recently unsealed a criminal indictment charging him with violating the FCPA and conspiracy to violate the FCPA and commit wire fraud. According to a DOJ release (see here) Naaman (a Canadian citizen), acting on behalf of a U.S. public chemical company and its subsidiary, allegedly offered and paid kickbacks to the Iraqi government on five contracts under the United Nations Oil for Food Program. In addition, the indictment alleges that Naaman paid $150,000 on behalf of a U.S. company to Iraqi Ministry of Oil officials to keep a competing product out of the Iraqi market.

This is certainly not the first time a foreign national has been subject to an FCPA enforcement action. Other recent examples include Jeffrey Tesler and Wojciech Chodan (both U.K. citizens criminally indicted for their roles in the KBR / Halliburton bribery scheme)(see here) and Chrisitan Sapsizian (a French citizen who pleaded guilty to violating the FCPA for his role in a scheme to bribe Costa Rican foreign officials) (see here).

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