On August 23, 2018, the DOJ issued a declination letter to ICBL, pursuant to which it agreed to disgorge $93,940.19 in profits from the scheme. The DOJ noted that high-level corporate officers were involved in the alleged scheme, but it decided to close its investigation based on ICBL’s timely voluntary self-disclosure, comprehensive investigation, cooperation, remedial efforts, and compliance program improvement. This represents the first declination with disgorgement after the formalization of the FCPA Pilot program in the DOJ Attorneys’ Manual.
In a related matter, on March 15, 2018, charges were filed against Inniss in the Eastern District of New York for one count of conspiracy to launder money and two counts of money laundering. On August 23, 2018, two additional defendants were added to the matter, but their names have been redacted. The case is currently pending.