Recently, the Feldman Firm’s Peru bribery case was mentioned in the Global Investigations Review article GIR – Tensions rise over hiatus in case linked to Odebrecht investigation . The article focuses on the Firm’s representation of certain Peruvian nationals in a forfeiture action related to the global Odebrecht investigation. The complaint in that case, which is premised on foreign bribery violations, can be found here.
As detailed in the article, Mr. Feldman’s clients have been the subject of a seizure warrant, and now a civil forfeiture action, since 2017. Their assets were seized in 2017 in the Middle District of Florida. Almost two years later, in early 2019, the Government then filed a civil forfeiture complaint in the Eastern District of New York where the Odebrecht case was filed. Within weeks, the Firm filed several pre-trial motions. The Government then moved to stay the entire proceeding based on a related criminal investigation. The stay has been in effect since March of 2019. A year later, the Firm moved to lift the stay. The article summarizes the recent litigation surrounding the Firm’s efforts to lift the stay of the forfeiture action.
The Firm has substantial experience in forfeiture actions and the Firm has experience representing foreign nationals, especially foreign nationals in Brazil and Peru, in matters related to foreign or domestic bribery. Many of these investigations focus on the flow of funds between or through transnational accounts. The Firm has also witnessed an uptick in the use of forfeiture –instead of criminal prosecution — to seize assets in connection with foreign bribery investigations.
In the Firm’s view. the procedural protections related to forfeiture, especially civil forfeiture, should be reconsidered by the U.S. Supreme Court. The Firm looks forward to continuing to vigorously represent persons whose assets are seized by the government whether it be cash, a bank account, a brokerage account, or other assets, such as stocks or bonds.