Federal Bribery of Foreign Officials - FCPA Charges
You did business overseas. That's what companies do. You expanded into emerging markets, hired local consultants, worked with government-connected partners. You approved budgets. Signed off on payments. Everyone in international business does this. The compliance department handled the paperwork. You assumed everything was fine.
The DOJ charged 19 individuals for Foreign Corrupt Practices Act violations in 2024. More than corporations.
Companies pay fines. Individuals go to federal prison. Roger Ng, a former Goldman Sachs managing director, got 10 years - among the longest FCPA sentences in history. The Department of Justice doesn't just want corporate settlements anymore. They want individual accountability. The stated policy is explicit: cooperation credit for companies depends on identifying "culpable individuals." That might be you.
Welcome to Spodek Law Group. We handle federal FCPA defense for individuals facing investigation or prosecution. If your company is under investigation, if you've been identified as a subject or target, if the DOJ or SEC has contacted you directly - this article explains what you're actually facing and what options exist before it's too late.
The DOJ Wants Individuals, Not Just Companies
The 2024 enforcement numbers tell the story. According to Stanford's FCPA Clearinghouse, the DOJ charged 19 individual defendants last year. They obtained 4 convictions at trial. Eight defendants pleaded guilty. Total penalties across all FCPA enforcement exceeded $1.28 billion.
These aren't compliance failures. These are federal felonies.
Recent FCPA prison sentences:
- Roger Ng (Goldman Sachs): 10 years federal prison, ordered to forfeit $35.1 million. 1MDB scandal involving bribes to Malaysian and Abu Dhabi officials.
- Javier Aguilar (Vitol): Convicted at trial in February 2024 on FCPA and money laundering charges. Bribes to officials at Petroecuador and PEMEX.
- Glenn Oztemel (Freepoint Commodities): Convicted on 7 counts in September 2024 - conspiracy to violate FCPA, conspiracy to commit money laundering, three substantive FCPA violations, two money laundering counts. Petrobras-related bribery scheme.
The DOJ's focus on individuals isn't accidental. The 2015 Yates Memo explicitely stated that companies seeking cooperation credit must provide "all relevant facts about the individuals involved in corporate misconduct." In practice, this means your employer's path to a favorable resolution runs directly through identifying you as a culpable individual.
Your company's cooperation depends on giving you up. Thats how the system works. The company gets credit for identifying culpable employees. You get charged.
How One Payment Becomes Five Federal Charges
The FCPA's anti-bribery provisions carry a maximum penalty of 5 years per violation. That sounds managable. It isn't.
Prosecutors dont charge just FCPA.
Charge stacking in FCPA cases:
- FCPA anti-bribery (15 U.S.C. § 78dd-1) - 5 years per violation
- Conspiracy (18 U.S.C. § 371) - 5 years
- Money laundering (18 U.S.C. § 1956) - 20 years
- Wire fraud (18 U.S.C. § 1343) - 20 years
- Books and records - willful violations - 20 years
Glenn Oztemel was convicted on 7 counts. Theoretical exposure in a fully charged FCPA case can exceed 70 years. Nobody actually serves that. But this gives prosecutors enormous leverage in plea negotiations. When your facing 70 years on paper, a 5-year plea offer starts looking reasonable - even if you think you could win at trial.
The conspiracy charge is were it gets dangerous.
The basic FCPA statute of limitations is 5 years from the last act. But conspiracy under 18 U.S.C. § 371 has a different rule. The 5-year clock starts from the last overt act in furtherance of the conspiracy. Only ONE overt act within the limitations period allows prosecutors to charge ALL prior conduct - regardless of when it happened.
Conduct from 2015 becomes prosecutable if you sent one email about it in 2024. If you attended one meeting. If you approved one payment that was arguably connected to the original scheme.
Heres what most people miss about money laundering charges. Even when FCPA charges fail, money laundering charges can survive independently. In the Hoskins case, the defendant's FCPA convictions were vacated on appeal - but his money laundering convictions stood. The government dosent need FCPA to convict you. They have multiple paths. Your defense has to account for all of them.
Your Company's Lawyers Are Not Your Lawyers
When an FCPA issue surfaces, your company hires outside counsel. A big law firm. They run an internal investigation. They review documents. They interview employees - including you.
Those lawyers don't represent you.
Company lawyers report to the board of directors and Audit Committee. There job is to protect the company. Part of protecting the company is getting cooperation credit from DOJ. And part of getting cooperation credit is identifying individuals who may be culpable.
When you participate in an internal investigation without personal counsel, you may be building the government's case against yourself. Everything you say to the company's lawyers can be shared with prosecutors. The company's cooperation credit literally comes from identifying YOU as someone who did something wrong.
Ive seen this happen. Companies pay fines and sacrifice employees rather than fight the government. This isnt cynicism or speculation. This is documented DOJ policy. The company survives. Individual employees become defendants.
This is overwhelming. You thought you were helping the company by cooperating with their investigation. You thought the company's lawyers were on your side - after all, the company is paying them. Now you understand why you need your own attorney. Someone whose only obligation is to you.
What to Do If You're Under Investigation
The critical first step.
Get personal counsel before you say anything to anyone - including your company's lawyers.
Your personal attorney can do things the company's lawyers cant do for you. They can evaluate whether to participate in the internal investigation at all. They can negotiate immunity or proffer agreements directly with prosecutors. They can protect your interests when they diverge from the company's interests - which they almost always do in FCPA cases.
What personal FCPA counsel does:
- Evaluates available defense strategies before you make any statements
- Negotiates directly with DOJ, independently from your employer
- Can seek declination or immunity where appropriate
- Protects your attorney-client privilege - unlike company lawyers who may waive privilege as part of cooperation
The 2025 enforcement landscape adds complexity. In February 2025, an executive order paused new FCPA investigations for 180 days. In June 2025, the DOJ issued new guidelines resuming enforcement. But individual prosecutions continued throughout the pause. Cases already filed proceeded to trial. The statute of limitations kept running. If your under investigation, the pause didnt help you - and now enforcement is fully resumed.
Todd Spodek has handled federal FCPA defense cases. He understands that the DOJ's stated priority is individual accountability - and that your interests often diverge sharply from your employer's interests the moment an investigation begins.
When Your Ready
If you're facing an FCPA investigation - or if your company is under investigation and you're worried about becoming a target - Spodek Law Group can help you understand where you stand and what options exist.
The consultation is free. Theirs no obligation.
What you'll get is an honest assessment. Are you a witness, subject, or target? Is the company's internal investigation likely to identify you? What has the company's counsel already told prosecutors? What does your individual exposure look like - not best-case fantasy, but realistic assessment based on how these cases actually proceed?
Call us at 212-300-5196. The statute of limitations in FCPA cases can extend far beyond what you expect when conspiracy charges are involved. The government has time. Your employer's lawyers are already working - but not for you. The earlier you have personal counsel, the more options exist.
Don't wait until you're indicted to get representation.
Were here when you need us.
