REGULATORY OFFENSES
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Export Control Laws
Customs and Import Laws Foreign Assets Controls International Traffic in Arms Regulations Foreign Agents Registration Act Foreign Corrupt Practices Act |
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Roger Wilson has represented many companies in the area of regulatory offenses -- avoiding or resolving violations of federal laws regulating various business activities.
Roger has particularly assisted clients in connection with federal regulations of international business transactions. For examples, he has counseled companies in conducting their operations in compliance with the United States export control laws; customs and import laws; Foreign Assets Control laws; International Traffic in Arms Regulations; Foreign Agents Registration Act; and Foreign Corrupt Practices Act. As an important part of this, he has assisted companies in developing and implementing internal corporate compliance programs designed to protect against violations of the law in these areas.
When possible violations of the law in these areas have been discovered (by enforcement authorities, or by the clients themselves prior to any discovery by the government) Roger has counseled and represented the clients in handling these situations in ways to most effectively protect the clients' interests. This has included assisting with decisions whether or not, and if so how best, to voluntarily disclose the circumstances to the government in such a manner as to minimize or avoid punishment to the greatest extent possible.
When voluntary disclosure has not been the best option (e.g., because of prior government discovery of the situation) Roger has represented clients in the enforcement process, working to establish that no violation occurred and/or working to limit the extent of any punishment. And most of all, working to avoid any criminal prosecution.
REPRESENTATIVE ENGAGEMENTS
Among Roger's engagements in this area are the following:
Roger has particularly assisted clients in connection with federal regulations of international business transactions. For examples, he has counseled companies in conducting their operations in compliance with the United States export control laws; customs and import laws; Foreign Assets Control laws; International Traffic in Arms Regulations; Foreign Agents Registration Act; and Foreign Corrupt Practices Act. As an important part of this, he has assisted companies in developing and implementing internal corporate compliance programs designed to protect against violations of the law in these areas.
When possible violations of the law in these areas have been discovered (by enforcement authorities, or by the clients themselves prior to any discovery by the government) Roger has counseled and represented the clients in handling these situations in ways to most effectively protect the clients' interests. This has included assisting with decisions whether or not, and if so how best, to voluntarily disclose the circumstances to the government in such a manner as to minimize or avoid punishment to the greatest extent possible.
When voluntary disclosure has not been the best option (e.g., because of prior government discovery of the situation) Roger has represented clients in the enforcement process, working to establish that no violation occurred and/or working to limit the extent of any punishment. And most of all, working to avoid any criminal prosecution.
REPRESENTATIVE ENGAGEMENTS
Among Roger's engagements in this area are the following:
- Roger represented a corporate client which, in its due diligence in connection with the acquisition of a subsidiary, discovered that the subsidiary had been exporting sensitive "dual use" military-related technologies without the necessary export licensing. Roger worked as part of a legal team that assessed the extent and the circumstances of the violation and then prepared and submitted a large voluntary disclosure of the violations to the United States Commerce Department. As part of that process, Roger and his team successfully demonstrated that the violations had not been intentional but rather, negligent or at best unknowing. The legal team persuaded the government enforcement personnel that no criminal charges nor even any grand jury investigative process was warranted. No criminal charges were brought or sought against the client. The matter was resolved by the payment of a fine and the adoption of a program of internal measures to ensure that no such violation would recur.
- For a corporate client, Roger assisted in handling known violations of the United States international arms trafficking laws, negotiating resolutions with the U.S. Justice Department and federal agencies that resulted in consequences only of monetary fines, with no criminal charges.
- For a large international trading company, Roger assisted the corporation in undergoing a major customs fraud audit, lasting over a year and involving government suspicions of criminal violations of the United States customs and import laws. The end-result involved only modest monetary penalties and no criminal charges.
- For a corporate client, Roger prepared and submitted a comprehensive application for and negotiated the granting of a government export license to sell sensitive medical equipment and technology to an Eastern European country then under sanctions by the United States government. At the time, it was the first U.S. government license that had been granted for the export of any sensitive technology to that country.
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