Showing posts with label Venezuela. Show all posts
Showing posts with label Venezuela. Show all posts

Saturday, April 25, 2020

DOJ Unseals Venezuelan Government Officials Indictments But Seals The Fake Seals Of U.S. Elections

The U.S. is prosecuting another government, Venezuela, the same government we took out and installed our own democratic choice of leadership.

That means another government can prosecute the US.

Quid pro quo!

How come we are not indicting the U.S. officials who participated in these drug activities, like the Navy?

They transport.

What about Haliburton?

What about Detroit?

What about all the political campaigns funded through this network?

We should definitely invite El Chappo to Detroit.

#sealsmatter

But, what if the U.S. Department of Justice has a "certification of the oath of office" situation, Boo Boo Barr just fails to address?

We most certainly invite Boo Boo Barr to Detroit, once those seals are unsealed, to ask him about the use of seals by the Department of Justice when it comes to election certifications and oaths of office.


We need to ask U.S. Supreme Court Chief Justice John Roberts about the signatures when it comes to certification of the oath of office and the filing of such in the Great Repository of the Great Seal of the United States.

Voting rights matter, too.

Just saying.

Where is my Jeffy Sessions because I believe we have one of those constitutional crisis a-brewing.

Epic fentanyl bust leads to kingpin, cartel and oddball cast, feds say

Detroit — A pediatrician from Mexican drug lord El Chapo’s home turf says he oversaw a shipment of what became the third-largest seizure of pure fentanyl in U.S. history after being threatened at gunpoint by cartel henchmen, according to federal court records.

Adolfo Verdugo Lopez
"It was all done in the best interests
of the children,"said the pediatrician.
The records provide a backstory to an epic seizure in suburban Detroit in July 2017 and identify the accused kingpin who headed a nationwide drug ring that sold kilograms of fentanyl, heroin and cocaine since 2014. Prosecutors say the leader is a long-time fugitive who laundered profits through a rap label and used female drug couriers to haul cash and drugs to Metro Detroit and beyond.

The criminal case emerged three years ago with the seizure of more than 10 kilograms of fentanyl, more than $500,000 cash and the arrest of an oddball cast — a pediatrician, a barber and a horse groomer. The seizure — including enough fentanyl to kill 5 million people — and arrests drew widespread attention amid the global opioid crisis.

In recent months, the case has widened with a nationwide manhunt and arrests of 14 other members of an alleged drug ring disrupted after investigators found a clue on the box of a Sony PlayStation.

Several members of the drug ring are pushing to be released from custody while awaiting trial or sentencing, citing the COVID-19 global pandemic, as new details emerge about the pediatrician who says he was forced to oversee the ill-fated fentanyl shipment.

“Three heavily armed people came to my practice and threatened me with death,” pediatrician Adolfo Verdugo Lopez, 53, told U.S. District Judge Terrence Berg. “They threatened me and my family with death, that I had to come to the United States in order to do an errand, to do a favor for them.”

The Novi drug deal that would entangle Lopez was being finalized on July 3, 2017.

According to his LinkedIn profile, Lopez worked as a pediatrician at Sinaloa Pediatric Hospital in Culiacan, Sinaloa, a squat white building painted in a whimsical pink and yellow pattern.

The hospital is a seven-minute walk from the Guadalupe neighborhood that served as headquarters for El Chapo's Sinaloa cartel. El Chapo escaped from a government raid in 2014 via an elaborate tunnel hidden under his bathtub at his home a few blocks from Sinaloa Pediatric Hospital.

"Crime is so terrible in my city," Lopez said. "Other colleagues of mine were murdered before...The same fate that other murdered doctors have endured would happen to me, and that otherwise they would kill me and — and — unless I did not wish to see my young children in the future. This was caused by the organized crime in my city."

Still, Lopez said no.

Two days later, more visitors and guns arrived.

"Another four people came heavily armed; that unless I would go by the weekend to take some pictures, they would kill me and my family," Lopez said.

The armed men gave Lopez $2,500 and instructions to fly to California before traveling to Detroit, he said.

Lopez told the story while preparing to plead guilty in October 2018. His claims of being forced at gunpoint to join the conspiracy troubled the judge, who halted the hearing.

"I don't want you to admit to something that you feel in your heart you cannot admit to," the judge said.

More than a year would pass until November. That's when Lopez pleaded guilty to a drug crime and was sentenced to 40 months in federal prison under a deal that makes no mention of armed men or threats.

Prosecutors and Lopez agree, however, the pediatrician flew to California and met Manual Barajas, a 21-year-old horse groomer who worked at Los Alamitos Race Course near Los Angeles.

Barajas was in charge of supervising almost 30 kilograms of heroin and fentanyl being hauled to Metro Detroit.

On July 10, 2017, the men arrived on a red-eye flight in Detroit, rented a car and drove to the Novi condo where the cocaine and fentanyl were stored in cardboard boxes of Prime Selecta Mexican shrimp.

Lopez was in charge of photographing the drugs. The heroin, fentanyl, and a kilogram of cocaine found in a car, were worth $4.5 million.

"Lopez knew that the drugs he was sent to photograph would be distributed by others," Assistant U.S. Attorneys Julie Beck and Andrea Hutting wrote in a court filing.

By the time Lopez arrived in Novi, an undercover federal investigation was underway.

On March 24, 2017, U.S. Drug Enforcement Administration agents seized 600 grams of heroin following a drug deal in the parking lot of a Walmart Supercenter between Grand River Avenue and Interstate 96 in Novi.

Agents were monitoring the drug deal thanks to a court-approved wiretap on the drug buyer's phone. The buyer was arrested after leaving Walmart and, during the arrest, agents found the heroin packaged inside an otherwise empty Sony PlayStation box.

The box still contained the gaming system's serial number, so investigators subpoenaed Sony for details about the PlayStation's purchase.

Agents learned that someone paid cash for the PlayStation at the same Walmart nine days earlier.

Using the PlayStation's serial number, investigators obtained a subpoena to determine who had activated the gaming console and whether it had been connected to the internet.

Officials with internet service provider Bright House told agents the PlayStation was connected to the internet at a condominium three miles north of the Walmart. That's the same condo on Joyce Lane in Novi, where Lopez and Barajas were handling the drug shipment with Andre Lee Scott, 25, a barber from San Bernardino, Calif.

Agents raided the condo on July 10, 2017. Lopez was found in the living room, several feet from the fentanyl and $515,715 heat-sealed and packaged in boxes. All three were charged, convicted and sentenced to federal prison.

Investigators say they just missed James "Bug" McGlory, 34, a trucking company employee from Los Angeles described by prosecutors as a pivotal figure in the coast-to-coast drug conspiracy. McGlory had flown to Detroit from Baltimore, and investigators would soon learn why.

McGlory traveled around the country collecting drug money from distributors while working as the right-hand man for a national drug dealer based in California, prosecutors said. The organization has hubs in Alabama, Baltimore, Jackson, and Novi, where members stored and packaged drugs and money, according to prosecutors.

During the Novi raid, investigators found text messages from McGlory referencing drugs and money, prosecutors said. And when DEA agents checked the kilogram of cocaine found in Scott's car parked outside the Novi condo, they found McGlory's fingerprints, according to court records.

Agents started analyzing McGlory's history of flights around the country.

In early April 2018, investigators learned McGlory was flying to Maryland. So they followed him.

On April 13, 2018, agents spotted McGlory and another man outside a Baltimore apartment building. The other man dumped a trash bag, which investigators later searched, finding a label addressed to an apartment within the building, heat-sealed bags and rubber gloves consistent with the type used for narcotics trafficking, according to court records.

Investigators obtained a warrant to search the apartment later that day. Inside, agents found two couches, turned them over and found the majority of a drug stash that totaled more than 14 kilograms of cocaine, more than 3 kilograms of fentanyl, heroin and almost $140,000.

McGlory was arrested alongside a second man, Baltimore resident Shawn Oliver, who smiled at the federal agents.

"That’s great and all, but I have another two to three million hidden,” Oliver, 45, said, according to prosecutors.

There is no concrete connection between McGlory and drugs seized by investigators, defense lawyer Kevin Bessant previously said.

“By no means whatsoever is Mr. McGlory a major drug player in this,” Bessant said.

McGlory is being held at Milan federal prison while awaiting a June trial, and last week lost a request to leave on bond. He argued hypertension left him susceptible to COVID-19.

Oliver, meanwhile, ran the drug ring's Baltimore hub and sold kilograms of drugs to other dealers in the city, prosecutors said. He pleaded guilty to a drug conspiracy charge in July as investigators hunted his boss.

Agents also found a clue inside the Baltimore stash house. In the kitchen, on the counter, near a kilo press, behind an ashtray shaped like an assault rifle, was a white sign reading "Money Gang Meal Clique."

Investigators allege Money Gang Meal Clique is a rap label and promotional business linked to a California drug felon, Maurice "Loc" McCoy, 38, of Moreno Valley, Calif., east of Los Angeles.



Hutting, the prosecutor, said the rap label was used by "McCoy and other members of the conspiracy used to launder drug money."

The rap label has a minimal online presence. Its Instagram page features photos of cash, jewelry, cash piled next to jewelry, and bottles of Champagne. The page has less than 1,300 followers while the label's 2016 release "The Meal Ticket" has zero reviews on Amazon.com.

Investigators would spend the next 17 months investigating and hunting McCoy.

The investigation also focused on his girlfriend, Teeauna White, 32, a self-styled entrepreneur who posts on social media about luxury cars, Louis Vuitton purchases and money-making ventures, including liposuction in a bottle.

One Instagram photo features a Money Gang Meal Clique diamond chain.

In March 2018, White incorporated White Way Trucking and listed McCoy as a truck driver, prosecutors said.

"The government believes White Way Trucking was established in an attempt to appear to operate a legitimate business to account for McCoy and White’s inexplicable income," Hutting wrote in a court filing.

Despite White's affluent social-media image, she received a court-appointed lawyer when she was arraigned on a money laundering conspiracy charge in Detroit in June. Her lawyer Allison Kriger declined comment.

McCoy was indicted alongside his girlfriend in May 2019, but agents couldn't find the accused kingpin.

They spent three months hunting McCoy before finding him in central California. McCoy was riding in his girlfriend's car when federal agents tried to arrest him.

McCoy ran, prosecutors said, but investigators caught him and brought him to Detroit. He is imprisoned at the Sanilac County Jail while awaiting a June trial on conspiracy charges that could send him to prison for more than 20 years.

His lawyer, Otis Culpepper, declined comment.

White, meanwhile, is free on bond and pushing for McCoy's release on social media.

On her Instagram page, White posted a GIF of her mowing the lawn outside her $600,000 California home.

The lawn and 4,800-square-foot house could soon belong to the government.

Prosecutors want the home forfeited upon conviction.


Voting is beautiful, be beautiful ~ vote.©

Tuesday, April 30, 2019

DEFANGO: Military uprising turns violent in Venezuela During Coup


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Cocktails & Popcorn: April 30th,2019. Another Blackwater Coup For Black Water - May The Heavens Fall

Almost there.....

Nancy is talking about child welfare.

They are preparing for war.

May the heavens fall.

#sayhisname


Voting is beautiful, be beautiful ~ vote.©

Sunday, February 3, 2019

DOJ: Readout of Acting Attorney General Matthew Whitaker's & Kevin Whitaker's Trip to Bogotá, Colombia


Ambassador Kevin Whitaker.jpg
Kevin Whitaker, U.S. Ambassador to Columbia
From January 30 to February 1, 2019 in Bogotá, Colombia, Acting Attorney General Matthew Whitaker, along with Justice Department staff and U.S. Ambassador Kevin Whitaker, met with President Iván Duque Márquez, Colombian Attorney General Néstor Humberto Martínez Neira, Cabinet members, the Congressional Secretary General, and Colombian police officials to reaffirm the long-standing law enforcement relationship between the United States and Colombia and to strengthen judicial cooperation and goals for addressing transnational crime and supporting the return of democracy in Venezuela. 
In separate meetings, Acting Attorney General Whitaker met with U.S. Department of Justice components stationed at the U.S. Embassy, to include the FBI, U.S. Drug Enforcement Administration (DEA) and the Criminal Division’s Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT) and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.  They provided briefings on the U.S. government’s law enforcement partnership with Colombia in dismantling and disrupting transnational criminal organizations including combatting Clan del Golfo, which was designated by the Department of Justice on Oct. 19, 2018 as one of the top transnational organized crime threats.
On February 1, Acting Attorney General Whitaker visited the General Santander National Police Academy and gave brief remarks at a wreath laying ceremony in honor of the brave young men and women who lost their lives or were wounded in the line of duty during the Jan. 17 suicide car bomb attack at the officer cadet school by the narco-terrorist group ELN. To approximately 100 Colombian National police officers, AG Whitaker said he was directing all U.S. Department of Justice components stationed at the U.S. Embassy, to include DEA, FBI, the U.S. Marshal’s Service and our DOJ Attaches, to make cases against ELN a top priority for the U.S. Department of Justice. 
Acting AG Whitaker pledged that the Department of Justice, together with the Colombian National Police and Attorney General’s Office, "will pursue these cases with the same investigative skill and prosecutorial resources, with which we’ve successfully pursued the Clan del Golfo.”
Acting AG Whitaker was also provided a Congressional briefing at the Colombian Congress <== right there!  It was the Attorney General and not the Secretary of State.
During the visit, American and Colombian officials discussed their shared mission of combatting narco-trafficking and narco-terrorism as well as illicit finances, foreign corruption, human trafficking, child sexual exploitation and arms trafficking.  Both sides look forward to continuing to work together to achieve their shared objectives, as well as continued progress on these issues.

Since the Acting AG and U.S. Ambassador to Colombia have the same last name, I thought it prudent to drop his background.

Ambassador to Colombia: Who Is Kevin Whitaker?

On April 1, 2014, the U.S. Senate confirmed the nomination of career Foreign Service officer Kevin Whitaker as ambassador to Colombia. Whitaker had been nominated for the post by President Barack Obama on September 19, 2013. He was sworn in on April 28.

The son of a career Army officer, Lt. Col. Malvern Whitaker, Kevin Whitaker attended the University of Virginia, graduating with a B.A. in 1979.

Whitaker joined the Foreign Service right out of college, beginning with a tour in London. Most of his experience has been in Latin America. His early assignments included serving as desk officer for El Salvador and France, as well as working as political officer in Jamaica and Honduras.

From 2002 to 2005, Whitaker headed the Cuban Affairs Desk for the State Department. During a visit to Havana in December 2002, he met with dissidents and was expelled by Fidel Castro’s government.
In 2005, he was named deputy chief of mission at the U.S. Embassy in Venezuela, another country with which the administration of President George W. Bush was at odds. Whitaker served there until 2007.  At that point, he moved back to Washington to take a post as deputy executive secretary in the Office of the Secretary of State. In 2008, he was named director of the Office of Andean Affairs in the Bureau of Western Hemisphere Affairs.

In 2011, he was named deputy assistant secretary of state for South America in the Bureau of Western Hemisphere Affairs.

Whitaker created some controversy with a statement he made during his nomination hearing. The Colombian government fired the Bogotá mayor, and Whitaker told the Senate Foreign Relations Committee in response to a question that the firing could endanger peace talks between the Colombian government and FARC rebels. Some Colombians took offense, saying Whitaker was interfering in their country’s internal affairs.

Whitaker‘s wife, Elizabeth Whitaker, also worked in the State Department before moving to the private sector in 2008. They have three sons, Stuart, Thomas and Daniel.

Elizabeth "Betsy" Whitaker

Betsy Whitaker headshot
Betsy Whitaker
Born in Buffalo, New York, Ms. Whitaker received her BA (in history) and MS (in education) from the University of Rochester in Rochester, New York.  She taught public school for seven years before joining the U.S. Foreign Service as a public diplomacy officer in 1984.  Her overseas tours included Portugal, Costa Rica, Honduras and Nicaragua.  Her domestic tours included Director of Public Diplomacy for the Western Hemisphere, Deputy Executive Secretary, and Deputy Assistant Secretary for Canada and Mexico.  Ms. Whitaker retired from the Foreign Service in 2007 at the rank of Minister Counselor, and went to work briefly for a division of L-3 Communications.  She was invited to return to the Department of State in 2009 to serve as Senior Advisor to the Under Secretary for Public Affairs and Public Diplomacy, and remained in that capacity until 2012.  Since then, she has worked part-time at the Department of State, and taught at the graduate level at George Washington University (2012 to the present) and Georgetown University (2013 to the present).

Ms. Whitaker has been married to Kevin Whitaker, a career Senior Foreign Service Officer, for over twenty years.  They have a son, Daniel, who is in his second year of studies at the Virginia Military Institute. 

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Tuesday, November 27, 2018

DOJ: Former Venezuelan National Treasurer Sentenced to 10 Years in Prison for Money Laundering Conspiracy Involving Over $1 Billion in Bribes

Children are our most precious treasures.

The U.S. Treasury is next.



A former Venezuelan national treasurer was sentenced today for his role in a billion-dollar currency exchange and money laundering scheme.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ariana Fajardo Orshan of the Southern District of Florida, Special Agent in Charge Mark Selby of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Miami Field Office, Special Agent in Charge Mark B. Dawson of HSI Houston Field Office, Special Agent in Charge George L. Piro of the FBI Miami Field Office and Inspector General Jay N. Lerner of the Federal Deposit Insurance Corporation’s (FDIC) Washington, D.C. Office made the announcement.
Alejandro Andrade Cedeno (Andrade), 54, a Venezuelan citizen residing in Wellington, Florida and a former Venezuelan national treasurer, was sentenced today to 10 years in prison by U.S. District Judge Robin L. Rosenberg of the Southern District of Florida. Andrade pleaded guilty under seal on Dec. 22, 2017 to one count of conspiracy to commit money laundering.  As part of his guilty plea, Andrade admitted that he received over $1 billion in bribes from co-conspirator Raul Gorrin Belisario, 50, and other co-conspirators in exchange for using his position as Venezuelan national treasurer to select them to conduct currency exchange transactions at favorable rates for the Venezuelan government.  Andrade received cash as well as private jets, yachts, cars, homes, champion horses, and high-end watches from his co-conspirators.  As part of his plea agreement, Andrade agreed to a forfeiture money judgment of $1 billion and forfeiture of all assets involved in the corrupt scheme, including real estate, vehicles, horses, watches, aircraft and bank accounts. 
HSI Miami, HSI Houston, HSI Boston, FBI Miami, and the FDIC D.C. investigated this case.  This case is being prosecuted by Trial Attorneys Vanessa Sisti Snyder, Paul A. Hayden and John-Alex Romano of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Michael B. Nadler and Nalina Sombuntham of the Southern District of Florida’s Criminal Division.  The Criminal Division’s Office of International Affairs provided significant assistance in this matter.  The Policía Nacional (Spanish National Police) also provided significant assistance. 
The Fraud Section is responsible for investigating and prosecuting all FCPA matters.  Additional information about the department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.
The charges in the indictment are merely allegations, and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.


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Thursday, August 2, 2018

DOJ: Business Executive Arrested on Foreign Bribery Charges in Connection With Venezuela Bribery Scheme - FCPA

The Foreign Corrupt Practices Act is the international frauds act to its domestic sister, the False Claims Act.

Always remember, citizenship is but a piece of paper.


A dual U.S.-Venezuelan citizen who controlled multiple companies was arrested yesterday on foreign bribery charges for conspiring to make, and making, corrupt payments to an official of Venezuela’s state-owned and state-controlled energy company, Petroleos de Venezuela S.A. (PDVSA), in exchange for favorable business treatment with PDVSA.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Ryan K. Patrick of the Southern District of Texas and Special Agent in Charge Mark Dawson of U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) Houston Field Office made the announcement.
Jose Manuel Gonzalez Testino (Gonzalez), 48, was arrested at Miami International Airport, on an arrest warrant based on a criminal complaint filed in the Southern District of Texas that was unsealed yesterday.  He made his initial appearance today before U.S. Magistrate Judge Lauren F. Louis of the Southern District of Florida.  Gonzalez is charged with conspiring to violate the Foreign Corrupt Practices Act (FCPA) and paying bribes to a foreign official in violation of the FCPA.
According to the criminal complaint, Gonzalez and a co-conspirator paid at least $629,000 in bribes to a former PDVSA official in exchange for the official taking steps to (1) direct PDVSA contracts to Gonzalez’s companies, (2) give Gonzalez’s companies priority over other vendors to receive payments, and (3) award Gonzalez’s companies PDVSA contracts in U.S. dollars instead of Venezuelan bolivars.  
The charges contained in the complaint are merely allegations and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
With the arrest of Gonzalez, the Justice Department has announced charges against 17 individuals, 12 of whom have pleaded guilty, as part of a larger, ongoing investigation by the U.S. government into bribery at PDVSA.  HSI in Houston is conducting the ongoing investigation with assistance from HSI in Boston and Miami.  Trial Attorneys Sarah E. Edwards and Jeremy R. Sanders of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys John P. Pearson and Robert S. Johnson of the Southern District of Texas are prosecuting the case.  Assistant U.S. Attorney Kristine Rollison of the Southern District of Texas is handling the forfeiture aspects of the case.  The Criminal Division’s Office of International Affairs also provided assistance.  
The Fraud Section is responsible for investigating and prosecuting all FCPA matters.  Additional information about the department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa

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Saturday, July 28, 2018

DOJ: Deputy Assistant Attorney General Matthew S. Miner Remarks at the American Conference Institute 9th Global Forum on Anti-Corruption Compliance in High Risk Markets - Enters Brian Benckowski

Looks like John Cronan is getting a breather.

He has been busy, busy, busy.

Show The Celestial Goddess of the Woodshed whatcha got, Brian Benczkowski.

Looks like we have ourselves another one of those "Attorney-Client Privilege" things going on. 

Attorneys can be whistleblowers, too, you know.


Deputy Assistant Attorney General Matthew S. Miner Remarks at the American Conference Institute 9th Global Forum on Anti-Corruption Compliance in High Risk Markets


Good morning and thank you Marc Nichols for that gracious introduction, and thanks to both you and Jeannine D’Amico Lemker for co-hosting this important event.
It is truly a pleasure to be here with all of you as part of the ACI’s 9th Global Forum on Anti-Corruption Compliance in High Risk Markets.
I’ve always admired ACI’s mission and programs.  Just last year, while still in private practice, I participated in the ACI’s 34th International Conference on the Foreign Corrupt Practices Act (FCPA).  While I wear a different hat today, it is wonderful to be back.
In fact, today is particularly meaningful for me, as this marks my first time at an event like this since joining the Department of Justice as a Deputy Assistant Attorney General in the Criminal Division.
In my current role, I am tasked with overseeing both the Fraud Section, which houses the FCPA Unit, as well as the Appellate Section.
And, of course, we recently marked a particularly important milestone for the Criminal Division, as our newest Assistant Attorney General (AAG), Brian Benczkowski, was confirmed and took the reins of our Division just a few short days ago.  
Under Brian’s leadership, we will continue the Division’s commitment to the rule of law, along with our efforts to ensure fairness and consistency in our investigations and resolutions, particularly as it relates to corporate enforcement and compliance.
Before I move on to my substantive remarks, let me say a word about Principal Deputy Assistant Attorney General John Cronan, who did an amazing job managing the Division as our Acting AAG since last year, overseeing many key developments, including the largest healthcare fraud takedown in the Department’s long history. 
Today, I plan to focus on our efforts to investigate and stamp out global corruption, with a particular focus on implications for mergers and acquisitions.
As I think we can all agree, corruption is a virus that saps scarce resources and undermines public trust.
Corruption also harms law-abiding companies by tilting the playing field in favor of companies who are willing to break the rules to get ahead.  
As our Attorney General and Deputy Attorney General have both made abundantly clear, fighting corruption and ensuring a level playing field for law-abiding companies remains a significant priority for the Department. 
At the same time, we are striving to make sure that our robust approach to fighting corruption, and corporate enforcement generally, is done in a way that is also fair and just.
We at the Department fully recognize that even within otherwise good companies, ones with robust compliance programs and strong cultures of compliance, there can exist one or a few bad apples.  Similarly, we understand that through acquisitions, otherwise law-abiding companies can sometimes inherit problems that are not of their own making.
These are some of the reasons why we continue to hold individual wrongdoers responsible for corporate criminal conduct, demonstrating our continued focus on individual accountability.  
In this regard, we’ve announced guilty pleas by 10 individuals in foreign bribery cases so far this year.  
In the sprawling and ever-growing investigation and prosecution of corruption at Venezuela’s state-owned oil company, PDVSA, we have announced charges against five additional former foreign officials this year, and we announced the 12th guilty plea in the case just two weeks ago.
Moreover, criminal prosecutions of corporations continue where misconduct was particularly serious or pervasive, but at the same time, we are working to avoid imposing excessive corporate penalties that harm innocent shareholders, employees, and other stakeholders.
On the FCPA corporate front, we’ve resolved five corporate FCPA cases this year, resulting in $512 million in corporate U.S. criminal fines, penalties, and forfeiture.  
Among these resolutions was the matter involving Societe Generale, the first ever coordinated resolution with French authorities.  This case marks a continuation of our efforts to work more closely with our foreign counterparts, both in terms of investigations and as it relates to our resolutions.
And we are striving to give credit where credit is due.
For example, in the FCPA resolution with TLI, the U.S. nuclear transportation company, the company received more lenient treatment due to its significant cooperation and remediation.
On the individual prosecutions front, the Department has secured guilty pleas by the company’s former co-President and the foreign official who received the bribes, and has indicted the other co-President.
While resolutions like these are important, we have also been making great strides in the way we are approaching FCPA and other corporate enforcement matters.
As you all know, last year we revised the Department’s guidelines with regard to FCPA enforcement by making what was previously the FCPA self-disclosure pilot program permanent.  
This change enshrines our approach to FCPA enforcement in the U.S. Attorneys Manual as the FCPA Corporate Enforcement Policy.
Since its roll out, Department leadership has spoken extensively on the Policy, so I’m not going to spend much time on it, except to point out how the Policy furthers our commitment to rewarding companies that try to do the right thing.
This means companies that promptly report misconduct, fully cooperate with the Department, and enact effective remedial measures after misconduct is detected will be presumed eligible for a declination of prosecution, subject to disgorgement of ill-gotten gains.
The Policy also includes incentives for companies that fail to promptly self-disclose, but otherwise meet the Policy’s cooperation and remediation terms.
While it is still early to gauge the full effectiveness of the Policy, we were pleased to reach the first corporate declination under the FCPA Policy earlier this year in declining prosecution against Dunn & Bradstreet.  
In that case, the company engaged in responsible corporate conduct after discovering misconduct in connection with hiring practices by its acquired subsidiaries in China.  Because the company satisfied the rigorous requirements of the Policy, the company received a declination and the Department gave the company credit for its disgorgement as part of a $9 million payment in a related SEC administrative proceeding.
Credit for disgorgement to the SEC points to another recent policy change under this Administration – this one involving a perceived practice of “piling on” by the various enforcement agencies in corporate settlements by imposing duplicative fines and other financial penalties. 
Importantly, this new policy for greater coordination and to avoid “piling on” is now enshrined in the U.S. Attorneys Manual, and applies across the Department.
A perfect example of putting the anti-piling on policy into practice is the resolution I mentioned involving Societe Generale.
In that case, the Department credited 50 percent of the fine to French authorities in connection with the FCPA portion of the resolution.
Moreover, to better inform the public, companies and compliance professionals, we are making declination letters public for cases that are resolved under the FCPA Corporate Enforcement Policy, as we did in connection with the pilot program.
In the case of Dunn & Bradstreet, some of the factors that led to the declination include:
  • the fact that the company identified the misconduct and promptly and voluntary self-disclosed the conduct to the Department; 
  • the thorough internal investigation undertaken by the company; 
  • its full cooperation in the matter, including identifying all individuals involved in or responsible for the misconduct, providing the Department all facts relating to that misconduct, making current and former employees available for interviews, and translating foreign language documents to English; 
  • enhancements to its compliance program and its internal accounting controls; 
  • full remediation, including terminating the employment of 11 individuals involved in the misconduct in China, including an officer of the China subsidiary and other senior employees of one subsidiary, and disciplining other employees by reducing bonuses, reducing salaries, lowering performance reviews, and formally reprimanding them; 
  • and disgorgement to the SEC.
 As a result, the company avoided criminal sanctions.
From my experience as a defense attorney, I think it is fair to say this is a just resolution for the company.
I know firsthand the difficult decisions that management must make when they uncover misconduct.
Senior management and boards of directors have to weigh many factors when deciding how to respond to misconduct, and whether to self-report.
In the past, many of these decisions were made in a relative vacuum in the sense that no one could predict in any concrete way how the Department would respond.  While the facts of every case will be different, and will be the primary drivers as to the outcome, we are doing what we can to give clarity in terms of how companies will be treated.
Because companies are rational actors, driven by market and financial factors, it was often an impediment to decision-making not to know what consequences a company might face if it chose to self-report and cooperate with the government.  
The Department’s new policies and revised approach to FCPA and corporate enforcement are purposely designed to speak to well-functioning, good corporate actors and inspire rationale decision-making in favor of greater reporting and cooperation.  We hope to incentivize companies to invest in effective compliance programs and robust control systems to prevent misconduct and, in the event of a detected violation, to take full advantage of our enforcement approach.
By fostering a climate in which companies are fairly and predictably treated when they report misconduct, we hope to increase self-reporting and individual accountability — an outcome that is beneficial both for companies and the Department.  
While we have made great strides in the past year and a half relating to the Department’s approach to corporate enforcement, and the FCPA in particular, one area where we would like to do better is with regard to mergers and acquisitions, particularly when such activity relates to high-risk industries and market.
Currently, the DoJ/SEC Resource Guide to the FCPA, which was released in 2012, provides some guidance on this.  In particular, the Guide recognizes that in the past the Department and SEC have declined to take action where companies voluntarily disclosed and remediated, and cooperated with the government. 
The Guide also notes that “a successor company’s voluntary disclosure, appropriate due diligence, and implementation of an effective compliance program may also decrease the likelihood of an enforcement action regarding an acquired company’s post-acquisition conduct when pre-acquisition due diligence is not possible.”
Furthermore, after laying out several M&A best practices, the Guide states that the “DOJ . . . will give meaningful credit to companies who undertake these actions, and, in appropriate circumstances, DOJ . . . may consequently decline to bring enforcement actions.”
While these policies are sound, I know from experience that “may” decline is a significant sticking point for corporate management when deciding whether and how to proceed with a potential merger or acquisition. There is a big difference between a theoretical outcome and one that is concrete and presumptively available. 
At the Department, we know that there are many benefits when law-abiding companies with robust compliance programs are the ones to enter high-risk markets or, in appropriate cases, take over otherwise problematic companies.
Not only can the acquiring company help to uncover wrongdoing, but more importantly the acquiring company is in a position to right the ship by applying strong compliance practices to the acquired company.
We want to encourage this sort of activity.  We certainly don’t want the specter of enforcement to be a risk factor that impedes such activity by good actors, and instead cedes the field to non-compliant companies. At bottom, it makes good economic sense and helps stamp out corruption when the Department adopts policies that foster greater corporate compliance.
When an acquiring company conducts robust due diligence that unearths wrongdoing, reports that conduct to the Department, and engages in remedial measures, including extending already robust compliance to the acquired company, it frees up resources for the Department that may have otherwise been expended investigating the acquired company.
These resources can then be directed to other cases, not only in the FCPA context, but also to other areas such as opioid enforcement, human trafficking, and crimes impacting vulnerable victims, like children and the elderly.
For these reasons, I want to make clear that we intend to apply the principles contained in the FCPA Corporate Enforcement Policy to successor companies that uncover wrongdoing in connection with mergers and acquisitions and thereafter disclose that wrongdoing and provide cooperation, consistent with the terms of the Policy.
We believe this approach provides companies and their advisors greater certainty when deciding whether to go forward with a foreign acquisition or merger, as well as in determining how to approach wrongdoing discovered subsequent to a deal.
We are fully cognizant that in some instances an acquiring company has limited access to a target company’s data and records, perhaps even more so when the target company is in a high risk jurisdiction.
In those instances, if an acquiring company unearths wrongdoing subsequent to the acquisition, we want to encourage its leadership to take the steps outlined in the FCPA Policy, and when they do, we want to reward them, accordingly for stepping up, being transparent, and reporting and remediating the problems they inherited.
Similarly, when an acquiring company encounters corruption issues during the due diligence process, we would encourage it to come to the Department for guidance through our FCPA Opinion Procedures before moving forward with an acquisition. Although it may take a little more time – and we can, to a degree, expedite our analysis based on timing needs – it sometimes makes sense to slow down to assess risks.  In particular with high risk mergers and acquisitions, let me repeat the famous line from the English playwright, William Congreve:  “Married in haste, we can repent at leisure.”  
On the Fraud Section’s FCPA website, we currently post Opinion Procedure Releases going back to 1993.  But not enough companies are taking advantage of this process.  I’ve recently reviewed the list, and the most recent incident of use is from 2014.  That shouldn’t be the case.  But for purposes of today, that release is illustrative of the value of engaging in the opinion process.
In that case, a multinational company headquartered in the U.S. sought an opinion on whether the Department would bring an enforcement action against it if it acquired a foreign consumer products company.  The acquiring company conducted pre-acquisition due diligence on the target and uncovered evidence of apparent improper payments.  The acquirer took pre-closing steps to remediate the target’s anti-corruption issues, and anticipated fully integrating the target into its compliance and reporting structure within one year of closing.
While the opinion recognized that there was no U.S. nexus to the conduct, which would have precluded prosecution, in any event, the opinion also pointed to the fact that no contracts or assets acquired through bribery would remain in operation post-acquisition, and that no financial benefit would be derived from such contracts.  Based on these facts, the opinion concluded that the Department would not take any action against the acquiring company.
In our view, the opinion process is a tremendous resource and we want to encourage greater use of it going forward.  
Moreover, when a company relies on this procedure on the front end, but later uncovers wrongdoing post-acquisition, we want management and the company’s advisors to feel comfortable disclosing it to the Department, knowing that they will be treated fairly under the principles of the FCPA Corporate Enforcement Policy. 
This is not to say that wrongdoers will be getting a pass for corrupt behavior that occurred in the past in an acquired entity. Far from it. The Department continues to focus on individual accountability, and those responsible for past wrongdoing or the concealment of wrongdoing will continue to be investigated and prosecuted. 
As advisors and compliance professionals, you are on the front lines of detecting and preventing corruption and other misconduct.  
You are at tasked with advising your companies and your clients to ensure that businesses operate in compliance with the law. As such, you are often put in the position of evaluating risk in time-sensitive transactions.   
In that role, one thing I hope you will take away from my comments and those of my colleagues is that the Department of Justice should be viewed as a partner, not just an adversary.  
When business and industry work with the Department, rather than against it, our public institutions and our country are stronger for it.
With that, I am happy to take a few questions, as time allows.

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