News & Analysis as of

Energy Sector Enforcement Actions

Morgan Lewis

Energy Industry in the Government’s FCPA Crosshairs: Recent Enforcement and Policy Developments - Empowered

Morgan Lewis on

The energy industry in general and the oil and gas industry in particular has been the target of at least 50 Foreign Corrupt Practices Act (FCPA) prosecutions over the years—more than any other industry. Most of the cases...more

Foley Hoag LLP - Environmental Law

Update on RGGI in Pennsylvania

In 2022, Pennsylvania became the 12th member of the Regional Greenhouse Gas Initiative (“RGGI”). Pennsylvania joined RGGI pursuant to a 2019 executive order and a subsequent rulemaking promulgated by the state’s Department of...more

Foley Hoag LLP - Energy & Climate Counsel

What Companies and Investors Need to Know about California Assembly Bill 1305, The Voluntary Market Disclosures Business...

On October 7, 2023, California Governor Gavin Newsom signed Assembly Bill 1305 into law, also known as the “Voluntary Market Disclosures Business Regulation Act,” or AB 1305. This law marks the first of its kind in the...more

Thomas Fox - Compliance Evangelist

The Gunvor FCPA Enforcement Action: Part 2 – The Bribery Schemes

We continue our exploration of the resolution of the FCPA enforcement action involving the Swiss trading firm Gunvor S.A. The enforcement action came in with a $661 million penalty against the company, which has pleaded...more

Thomas Fox - Compliance Evangelist

The Gunvor FCPA Enforcement Action: Part 1-Introduction

In March 2024, the Department of Justice (DOJ) announced the resolution of a FCPA enforcement action involving the Swiss trading firm Gunvor S.A. The enforcement action comes in with a $661 million penalty against the...more

The Volkov Law Group

Ex-Vitol Oil & Gas Trader Convicted of Bribing Foreign Officials

The Volkov Law Group on

Following an 8 week trial, a federal jury in Brooklyn has convicted Javier Aguilar on charges relating to the former Vitol trader’s violations of the Foreign Corrupt Practices Act. He faces up to 30 years in prison. Aguilar...more

K&L Gates LLP

FERC Issues 2023 Enforcement Report

K&L Gates LLP on

On 16 November 2023, the Federal Energy Regulatory Commission’s (FERC or Commission) Office of Enforcement (Enforcement) released its 2023 Annual Report on Enforcement (FY2023 Report). The FY2023 Report is the 8th annual...more

Morgan Lewis - Power & Pipes

CFTC 2023 Enforcement Report Shows Uptick in Enforcement Actions

The Commodity Futures Trading Commission (CFTC or Commission) released its enforcement results for fiscal year 2023 on November 7, 2023. The CFTC’s Division of Enforcement filed 96 enforcement actions in 2023 charging a range...more

Cozen O'Connor

State AG Pulse | AGs: The Dukes of (Environmental) Hazard

Cozen O'Connor on

In addition to serving as consumer guardians, state AGs take their role as custodians of the environment very seriously, as exemplified by a recent action by DC AG Schwalb against electric utility Pepco. In Episode 5, Meghan...more

Morgan Lewis - Up & Atom

NRC Escalated Enforcement Increased in 2022

The NRC’s Office of Enforcement (OE) recently published its Enforcement Program Annual Report for Calendar Year 2022. In 2022, the NRC issued 73 escalated enforcement actions to licensees, non-licensees, and individuals. This...more

K&L Gates LLP

FERC Approves Enforcement's Settlements With Two Demand Response Providers

K&L Gates LLP on

On 22 May 2023, the Federal Energy Regulatory Commission (FERC) issued two orders approving stipulation and consent agreements that resolve enforcement investigations by FERC’s Office of Enforcement (FERC Enforcement) of two...more

Steptoe & Johnson PLLC

Supreme Court Limits the Use of Federal Administrative Law Judges; Related FERC Cases Pending

Steptoe & Johnson PLLC on

On April 14, 2023, the U.S. Supreme Court issued an opinion that is expected to result in historic changes to the Federal Energy Regulatory Commission’s (FERC) use of in-house administrative law judges (ALJs). In Axon...more

American Conference Institute (ACI)

[Event] European Forum on Global Economic Sanctions - June 1st - 2nd, Berlin, Germany

Hosted by C5 Group, the European Forum on Global Economic Sanctions is recognized as Europe's Premier, longstanding gathering for financial institutions and global exporters. The industry across Europe is confronting an...more

K&L Gates LLP

Brussels Regulatory Brief: March 2023

K&L Gates LLP on

Antitrust and Competition - Global Dawn Raids Signal Increased Antitrust Enforcement to Uncover Potential Cartel Behavior in the Fragrance Industry  - On 7 March 2023, the European Commission (Commission), the United...more

K&L Gates LLP

Brussels Regulatory Brief: February 2023

K&L Gates LLP on

Antitrust and Competition - Consultation on the European Commission’s Proposal for a Temporary Crisis and Transition Framework - On 1 February 2023, member states of the European Union received a consultation on a draft...more

Morgan Lewis - Power & Pipes

FERC Increases Maximum Civil Monetary Penalty

The Federal Energy Regulatory Commission (FERC) issued a final rule on January 12 amending its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules, and orders within FERC’s...more

BCLP

Between the lines: Drawing insights from FERC OE's Annual Report on Enforcement

BCLP on

Pursuant to the Federal Energy Regulatory Commission’s (FERC or Commission) Revised Policy Statement on Enforcement, the Commission’s Office of Enforcement (OE) each year publishes “annual statistical reports” summarizing its...more

The Volkov Law Group

The Ins and Outs of the Ghana Bribery Scheme (Part II of II)

The Volkov Law Group on

Each FCPA case provides valuable lessons in the mechanics of bribery schemes and the common techniques used by violators to secure funds and make illegal payments to foreign government officials.  Criminal violators often act...more

Morgan Lewis - Power & Pipes

FERC Enforcement ‘Is Back’: FY 2022 Annual Report on Enforcement

On November 17, 2022, the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC or the Commission) released its annual report on enforcement activities (Report). The Report details the FY 2022 efforts...more

The Volkov Law Group

Goldman Sachs Official Indicted Over Ghana Bribery Scheme (Part I of II)

The Volkov Law Group on

Talk about a reminder of the past, Asante Berko, a former Executive Director in Goldman Sachs, recently was arrested in London on criminal FCPA charges arising from his involvement in a bribery scheme in Ghana....more

Akin Gump Strauss Hauer & Feld LLP

This Week's Climate Policy Update - October 2022 #4

[co-authors: Kerry Mackenzie and Leila Fleming] The Treasury Department’s Federal Insurance Office issues a request for public comments regarding climate-related financial risk. Meanwhile, the Securities Exchange...more

Mintz - Energy & Sustainability Viewpoints

Energy & Sustainability Litigation Updates — August 2022

In June 2022, the Supreme Court issued its decision in West Virginia v. EPA, which held that, under the “major questions doctrine,” the EPA lacked the authority under the Clean Air Act to devise emissions caps based on the...more

Morgan Lewis - Power & Pipes

FERC Proposes to Expand Duty of Candor Rule

FERC recently issued a notice of proposed rulemaking (NOPR) to expand the existing duty of candor rule by adding a requirement in 18 CFR Part 1 that any entity communicating with FERC or other specified organizations related...more

The Volkov Law Group

Tenaris Pays SEC $78 Million to Resolve FCPA Violations

The Volkov Law Group on

The SEC announced another FCPA settlement in 2022.  FCPA enforcement, in general, is picking up.  Tenaris, a global supplier of steel pipes and related services for the energy industry, agreed to pay the SEC $78 million to...more

Foley Hoag LLP - Security, Privacy and the...

US Unseals Indictments of Four Russian Government Employees in Connection with Cyber Attacks on Energy Sector

The United States Department of Justice unsealed two indictments in March involving four Russian government employees who have been charged in connection with two separate hacking conspiracies targeting the global energy...more

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