Corporate Lessons From Recent Foreign Influence Prosecutions

In the Thomson Reuters article, “Corporate Lessons From Recent Foreign Influence Prosecutions,” white collar defense and investigations partners Craig Heeren, Peter Baldwin and Carrie DeLange offer insight on increased Department of Justice (DOJ) scrutiny over interactions with foreign governments and entities and explain steps business leaders can take to mitigate risks.

The authors discuss a recent example of the DOJ charging former Congressman David Rivera of violating the Foreign Agents Registration Act (FARA) and laundering funds to conceal his criminal conduct, alleging he served as “foreign agent” of a sanctioned Venezuelan national. Shortly after, the DOJ issued a Notice of Proposed Rulemaking (NPRM) that would revise FARA regulations interpreting exemptions for commercial and other non-political activities, with DOJ officials previewing revised regulations, activities of interest, and new enforcement tools regarding actions influenced by foreign entities. 

“The indictment against Rivera is one of several recent foreign influence-related criminal actions by DOJ under FARA and the illegal foreign agent law, known as ‘Section 951,’” the authors write. “Those indictments, along with the FARA NPRM and the remarks of DOJ leadership, collectively indicate that increased enforcement under FARA and Section 951 will continue in 2025.”

The authors also offer several steps business leaders can take to mitigate risk, including creating risk assessments, comprehensive compliance policies, strengthening internal oversight, staying informed of new changes in regulation and preparing for DOJ inquiries.