The DOJ recently unsealed criminal charges against former hedge fund executive Michael Cohen. This indictment follows a civil suit filed in January 2017 against Cohen and others by the SEC regarding FCPA violations. In 2016, the DOJ and SEC also pursued a joint FCPA enforcement action against Cohen’s former employer, Och-Ziff Capital Management Group, alleging various bribes, self-dealing, and other malfeasance relating to the procurement of mineral, oil, and other natural resource contracts in African counties.
While the SEC’s initial January 2017 civil matter against Cohen alleged FCPA violations, the recently announced criminal indictment does not directly charge him with violating the FCPA. Cohen is alleged to have obstructed the DOJ and SEC’s investigations of Och-Ziff and made false statements, but also to have committed investment advisor fraud.