On August 8, 2013, we reported that federal prosecutors in Chicago unsealed a criminal complaint alleging that two men violated U.S. sanctions by lobbying on behalf of Zimbabwe.  In the earlier post, we noted that the defendants’ alleged activities appeared to have also violated federal law related to unregistered foreign agents, and we speculated that foreign agent charges “could still be added in a subsequent indictment.”

Proving that our speculation was prescient, prosecutors have now indicted the two defendants on several charges, including foreign agent charges.  Both of the defendants, Prince Asiel Ben Israel and C. Gregory Turner, were indicted for acting in the United States as an agent of a foreign government without notifying the attorney general, in violation of 18 U.S.C. § 951.  Additionally, Ben Israel was indicted for failing to file a registration statement under the Foreign Agents Registration Act (“FARA”).  Both men were also charged with conspiracy and sanctions violations.

Although Turner’s activities may have been sufficient to support a FARA charge, only Ben Israel was indicted for a failure to register under FARA.  The indictment does not specifically identify a reason for the distinction, but it appears that only Ben Israel was a party to the written “Consulting Agreement” with Zimbabwe.  Moreover, the distinction may reflect the Justice Department’s preference for pursuing FARA prosecutions only for willful violations of core requirements of the statute.

The prosecutions of Ben Israel and Turner continue the recent trend of increased enforcement of FARA and others laws related to foreign lobbying.  For these reasons, lobbying firms, consulting firms, public relations firms, and many others should be vigilant about FARA issues whenever they are engaged by a foreign government, company, or individual.

Tags: criminal law, FARA, foreign lobbying, sanctions
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Photo of Brian D. Smith Brian D. Smith

Brian Smith assists clients with challenging public policy matters that combine legal and political risks and opportunities.

Brian represents companies and individuals facing high-profile and high-risk congressional investigations and hearings, and other criminal, civil, and internal investigations that present legal, political, and public…

Brian Smith assists clients with challenging public policy matters that combine legal and political risks and opportunities.

Brian represents companies and individuals facing high-profile and high-risk congressional investigations and hearings, and other criminal, civil, and internal investigations that present legal, political, and public relations risks. He assists companies and executives responding to formal and informal inquiries from Congress and executive branch agencies for documents, information, and testimony. He has extensive experience preparing CEOs and other senior executives to testify before challenging congressional oversight hearings.

Brian develops and executes government relations initiatives for clients seeking actions by Congress and the executive branch. He has led strategic efforts resulting in legislation enacted by Congress and official actions and public engagement at the most senior levels of the U.S. government. He has significant experience in legislative drafting and has prepared multiple bills enacted by Congress and legislation passed in nearly every state legislature.

Prior to joining Covington, Brian served in the White House as Assistant to the Special Counsel to President Clinton. He handled matters related to the White House’s response to investigations, including four independent counsel investigations, a Justice Department task force investigation, two major oversight investigations by the House of Representatives and the Senate, and several other congressional oversight investigations.

Brian is a Professorial Lecturer in Law at the George Washington University Law School.

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