24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

OFAC Penalties for Sanctions Evasion

March 21, 2024 Uncategorized

The U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) administers and enforces economic and trade sanctions against foreign countries, entities, and individuals. These sanctions play a key role in U.S. national security and foreign policy efforts. However, violations of OFAC sanctions can result in severe civil and criminal penalties.

OFAC’s Role in Sanctions Enforcement

OFAC publishes various sanctions lists, like the Specially Designated Nationals (SDN) list. U.S. persons and companies are generally prohibited from dealing with individuals and entities on these lists. OFAC has imposed sanctions programs on countries like Russia, Iran, North Korea, Syria, and others.

OFAC treats sanctions violations very seriously, regarding them as threats to national security and foreign relations. As a result, criminal offenders face heavy fines ranging from thousands to millions of dollars, and even prison time up to 30 years[1].

In recent years, OFAC has coordinated with other agencies like the Department of Justice (DOJ) and Bureau of Industry and Security (BIS) to crack down hard on sanctions evasion and export controls violations. This interagency cooperation has produced record penalties, like the $1.1 billion fine on Swedish telecom giant Ericsson in 2022[2].

Civil vs. Criminal Penalties

OFAC can impose civil penalties through administrative proceedings. Criminal penalties require federal prosecutors to file charges and obtain convictions in court.

For criminal violations, individual offenders face up to $1 million in fines and up to 20 years in prison. Corporations can be fined up to $100 million or twice the value of the transaction. These criminal fines are per violation, so multiple violations can lead to astronomical penalties[3].

On the civil side, OFAC can impose penalties up to $311,562 per violation. For egregious cases, OFAC can impose penalties equal to twice the transaction value, even if that exceeds the statutory maximum. Civil penalties against corporations are often in the tens or hundreds of millions[4].

Aggravating and Mitigating Factors

OFAC considers many factors when determining penalties for sanctions violations. Aggravating factors that increase penalties include:

  • Willful or reckless violation of sanctions
  • Awareness of conduct at issue
  • Harm to sanctions program objectives
  • Individual characteristics (e.g., commercial sophistication)
  • Prior OFAC warning letters

Mitigating factors that may reduce penalties include:

  • Voluntary self-disclosure
  • Cooperation with OFAC investigation
  • Remedial response
  • Lack of awareness of conduct at issue
  • Unrelated past OFAC compliance problems

OFAC published detailed penalty guidelines so companies can better understand the agency’s approach. However, each case is unique, and OFAC has wide discretion in assessing sanctions penalties.

Recent Major OFAC Settlements

Here are some of the largest OFAC civil settlements in recent years:

  • JPMorgan Chase (2022) – $162 million[5]: related to deficient compliance controls that led to thousands of sanctions violations.
  • Amazon (2022) – $134,523[5]: for shipping consumer products to individuals located in Crimea region of Ukraine.
  • Ericsson (2022) – $1.1 billion[5]: for conspiring to violate Iranian sanctions through front companies and re-selling U.S. goods.
  • JPMorgan Chase (2021) – $162 million[6]: related to deficient compliance controls that led to thousands of sanctions violations.
  • BitPay (2021) – $507,375[6]: for processing cryptocurrency payments involving sanctioned jurisdictions.

These massive fines show that even large sophisticated companies struggle to maintain full compliance with complex U.S. sanctions rules. Smaller companies with less resources are even more at risk.

Self-Disclosure and Cooperation

While penalties for OFAC sanctions violations can be severe, companies may mitigate fines by self-disclosing detected issues and cooperating with investigations. According to OFAC guidelines[1], voluntary self-disclosure can result in substantially reduced penalties, sometimes by more than 50%.

The key considerations in self-disclosure are:

  • Timeliness – disclose issues promptly upon discovery
  • Completeness – provide all relevant information to OFAC
  • Availability – make company records and personnel available

OFAC also values cooperation with agency requests during investigations. Companies that fully cooperate could see further mitigation beyond self-disclosure alone. Elements of cooperation include[2]:

  • Providing all requested documents and information
  • Making current and former employees available for interviews
  • Disclosing relevant facts not directly requested
  • Proactively volunteering assistance

In July 2022, OFAC, the Department of Commerce, and Department of Justice jointly released new guidelines emphasizing the benefits of voluntary self-disclosure[3]. The agencies explained self-disclosure does not guarantee no enforcement, but it can yield reduced penalties and business disruptions.

However, false or misleading disclosures could be considered aggravating factors resulting in even higher penalties. Companies should take care to thoroughly investigate issues before self-disclosing to ensure complete and accurate information is provided.

While self-disclosure does not eliminate liability, it demonstrates a company’s good faith commitment to compliance. Combined with full cooperation, self-disclosure offers the best possibility of minimizing sanctions penalties.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now