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Since the U.S. economy has become increasingly global, both the U.S. Department of Justice (DOJ) and U.S. Securities and Exchange Commission (SEC) have prioritized enforcing the Foreign Corrupt Practices Act (FCPA). Due to the complexities of this law and shifting government priorities, businesses with international ties face increasing risks.
At Jeffrey S. Weiner, P.A., we can guide you through the intricacies of the federal criminal justice system to help you avoid serious criminal and civil penalties. With over 50 years of legal experience, our legal team can protect your rights and business interests throughout the legal process.
Enacted in 1977, the Foreign Corrupt Practices Act prohibits U.S. individuals and corporations from bribing foreign officials to further business interests. While the anti-bribery provisions make it illegal to pay, offer, authorize, or promise payment to any foreign entity to influence business matters, the accounting provisions require international businesses to maintain accurate records of any payment authorization and other transactions.
Individuals who violate the anti-bribery section of the FCPA face a maximum five-year prison sentence, a fine of no more than $250,000 or twice the amount gained or lost due to corrupt payment, and a civil fine not exceeding $10,000.
Individuals who violate the accounting provisions face a maximum 20-year federal prison term, a fine of up to $5 million or twice the amount gained or lost due to the violation, and a civil fine of no more than $100,000.
Companies that violate the FCPA face criminal fines of up to $25 million or twice the amount gained or lost due to the violation, as well as civil fines of up to $500,000.
The U.S. Attorneys office in the Southern District of Florida has created a special group of federal prosecutors and law enforcement agents to target high profile individuals charged with breaking FCPA regulations. Their focus has been Venezuelan officials, businessmen, wealth managers and politicians. Recently Venezuela’s national treasurer from 2007 to 2010, pleaded guilty in December 2017 to a money-laundering conspiracy and FCPA violations that resulted in him forfeiting $1 billion in personal assets, including bank accounts, aircraft, real estate, vehicles, horses, and watches. Other officials of Petroleos de Venezuela S.A. or PDVSA were charged with FCPA violations, as well as numerous wealth managers, former ministers and Colombian businessmen with close ties to President Nicolas Maduro.
If you or your company are under investigation for violating the provisions of the Foreign Corrupt Practices Act, let our Miami federal crime lawyers fight for you. We can help you create the most effective defense strategy to get the best outcome possible.
For more information, contact us today to schedule a free consultation.