Gabriel Colwell

Photo of Gabriel Colwell Gabriel Colwell is a trial lawyer who focuses his practice on white collar criminal defense, internal investigations and complex business litigation. Gabriel represents corporations and individuals at all phases of government investigations and prosecutions, including matters involving the Foreign Corrupt Practices Act (FCPA), securities fraud, economic sanctions, money laundering, fraud and various corporate compliance matters. Gabriel also represents clients in business litigation disputes, including copyright, trademark, fraud, and breach of contract actions. Gabriel advises clients on federal and state law relating to the cannabis industry. View full website bio.

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DOJ Relaxes “All or Nothing” Yates Memo

By Gabriel Colwell on Posted in Corporate compliance, Department of Justice, Government Investigation, US Department of Justice
The U.S. Department of Justice (“DOJ”) has softened its policy known as the “Yates Memo.” That policy required companies to produce all relevant information on individuals involved in misconduct in order to be eligible to receive any cooperation credit with DOJ attorneys. Rather than the prior “all or nothing” approach, the new policy requires the … Continue Reading

Criminal bribery and corruption liability of companies under German law

By Gabriel Colwell on Posted in Germany
Many thanks to Dr. Andreas Fillmann and Nina K. Hesse from Squire Sanders’ Frankfurt Office for preparing the following article. Criminal liability in the public sector Generally, bribery and corruption are regulated under the German Criminal Code (Strafgesetzbuch). On hand corruption of public officials is unlawful in circumstances where an individual person offers, promises or … Continue Reading

New Brazilian Anti-Corruption Law

By Gabriel Colwell on Posted in Brazil
Thanks to Paula Galhardo  in Squire Sanders’ Houston office for preparing this post on the new Brazilian Anti-Corruption Law. Boosted by the recent popular manifestation in Brazil against corruption and extreme expenses in preparation for the 2014 World Cup and the 2016 Olympic Games, the Brazilian Senate approved on July 4, 2013 a Bill of Law … Continue Reading

Transparency International’s 2013 Global Corruption survey paints a worrying picture of corruption and bribery in the UK

By Gabriel Colwell on Posted in United Kingdom
Special thanks to Squire Sanders Manchester office and particularly trainee solicitor Philip Bonner for preparing the article below. Last week’s publication of Transparency International’s 2013 Global Corruption Barometer sparked a number of headlines in the UK press and no doubt also caused a number of raised eyebrows and furrowed brows. Whilst Transparency International surveyed more … Continue Reading

Is the review of UK anti-bribery legislation a sign that the Government’s war on red tape has gone too far?

By Gabriel Colwell on Posted in UK Bribery Act, United Kingdom
Special thanks to Squire Patton Boggs Manchester office and particularly trainee solicitor Philip Bonner for preparing the article below. If recent press reports are to be believed, in particular those emanating from the Financial Times (“FT”), the British Government is considering whether to relax the current ban on facilitation payments for small and medium-sized enterprises … Continue Reading

Oil and Gas Giant Total S.A. Pays Fourth Highest Penalty In FCPA Enforcement History

By Gabriel Colwell on Posted in France, Industry Investigations, Iran, Oil and Gas
On May 29, 2013, Total S.A. (“Total”), the French oil and gas conglomerate, entered into a three-year deferred prosecution agreement (DPA) with the DOJ and a settlement agreement with the SEC to resolve past violations of the FCPA’s anti-bribery, books and records and internal controls provisions.  As part of the agreements, Total will pay $245.2 … Continue Reading

Monthly China Anticorruption Update Report— November 2012

By Gabriel Colwell on Posted in China, China enforcement actions
The most recent FCPA and anticorruption enforcement developments involving the People’s Republic of China (PRC) are summarized below.  Thanks as always to Squire Sanders Shanghai Office for monitoring these enforcement actions. 1. New law or regulationState level:(1) Criminal Procedural Rules of the People’s Procuratorate On November 20, the Supreme People’s Procuratorate (“SPP”), the highest procuratorial … Continue Reading

Monthly China Anticorruption Update Report– July 2012

By Gabriel Colwell on Posted in China, China enforcement actions, Communist Party, Foreign Corrupt Practices Act
The most recent FCPA and anticorruption enforcement developments involving the People’s Republic of China (PRC) are summarized below. Thanks as always to Squire Sanders Shanghai Office for monitoring these enforcement actions. New Law or Regulations State level: (1) Regulations on the Management of Governmental Affairs On July 9, the Chinese Sate Council promulgated the new … Continue Reading

Nordam Group Settles China FCPA Violations

By Gabriel Colwell on Posted in China, China enforcement actions, Foreign Corrupt Practices Act
On July 17, 2012, Nordam Group, Inc. (“Nordam”) an aircraft maintenance, repair and overhaul (“MRO”) service provider based in Tulsa, Oklahoma, entered into a three-year non-prosecution agreement (NPA) with the DOJ to resolve violations of the FCPA’s anti-bribery provisions. Conduct According to the NPA, from 1999 until 2008, Nordam, its subsidiaries and affiliates paid bribes … Continue Reading

Monthly China Anticorruption Update Report– June 2012

By Gabriel Colwell on Posted in China, China enforcement actions, Communist Party
The most recent FCPA and anticorruption enforcement developments involving the People’s Republic of China (PRC) are summarized below. Thanks as always to Squire Sanders Shanghai Office for monitoring these enforcement actions China Enforcement Actions (1) On June 5, Wu Xiaoli (“Wu”), former general manager of the Shanghai Gongxin Project Construction Supervision Center Ltd, a state-owned … Continue Reading

Monthly China Anticorruption Update Report– May 2012

By Gabriel Colwell on Posted in China, China enforcement actions
The most recent FCPA and anticorruption enforcement developments involving the People’s Republic of China (PRC) are summarized below. Thanks as always to Squire Sanders Shanghai office for monitoring these enforcement actions. China Enforcement Actions (1) On April 26, 2012, Jiao Baohua (“Jiao”), municipal party secretary of Yining City, Yili Kazak Autonomous County, Urumqi Municipality was … Continue Reading

Practical Guidance on How to Conduct FCPA Due Diligence

By Gabriel Colwell on Posted in Compliance Program, Corporate Finance/M&A, Foreign Corrupt Practices Act
The Department of Justice and Securities and Exchange Commission have stressed the need for companies to conduct FCPA due diligence before entering into transactions with third parties or buying another company.  The DOJ and SEC have levied stiff fines on companies that have not heeded their advice once violations of the FCPA have been discovered.  … Continue Reading

Former CCI Executive Cops Plea

By Gabriel Colwell on Posted in China, Foreign Corrupt Practices Act
Paul Cosgrove, the former head of worldwide sales at California-based valve manufacturer Control Components Inc. (CCI) pleaded guilty yesterday to violating the Foreign Corrupt Practices Act (FCPA).  Cosgrove is the fourth of six company executives to plead guilty to violating or conspiring to violate the FCPA. Cosgrove was previously scheduled to stand trial on June … Continue Reading

Monthly China Anticorruption Update Report– April 2012

By Gabriel Colwell on Posted in China, China enforcement actions, Compliance Program
The most recent FCPA and anticorruption enforcement developments involving the People’s Republic of China (PRC) are summarized below.  Thanks as always to Squire Sanders Shanghai office for monitoring and reporting on these enforcement actions. China Enforcement Actions (1) On March 31, 2012, Li Ping, former Party chief of Futian District committee, wassentenced to six-and-a-half years … Continue Reading

Monthly China Anti-Bribery Update Report– March 2012

By Gabriel Colwell on Posted in China, China enforcement actions
As part of our continued efforts to monitor the antibribery enforcement environment in the People’s Republic of China (PRC), our colleagues in Squire Sanders’ Shanghai office have graciously agreed to provide monthly updates of relevant developments in the PRC’s antibribery laws, regulations and government enforcement actions. The most recent developments are summarized below. Enforcement Actions … Continue Reading

Monthly China Anti-Bribery Update Report– February 2012

By Gabriel Colwell on Posted in China, China enforcement actions
The following monthly update on developments in the People’s Republic of China’s (“PRC”) antibribery laws, regulations and government enforcement actions is brought to you with the assistance of our colleagues in Squire Sanders’ Shanghai Office. Enforcement Actions (1)  On February 8, 2012, Chen Meng (“Chen”), former chief deputy official of Putuo District, Shanghai, went on … Continue Reading

Monthly China Anti-Bribery Update Report– December 2011 – January 31, 2012

By Gabriel Colwell on Posted in China, China enforcement actions
As part of our continued efforts to monitor the antibribery enforcement environment in the People’s Republic of China (PRC), our colleagues in Squire Sanders’ Shanghai office have graciously agreed to provide monthly updates of relevant developments in the PRC’s antibribery laws, regulations and government enforcement actions. The most recent developments are summarized below. Enforcement Actions … Continue Reading

Foreign Corrupt Practices Act Enforcement – 2011 Year In Review

By Gabriel Colwell on Posted in Foreign Corrupt Practices Act
2011 was another banner year for the Foreign Corrupt Practices Act (FCPA), with the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) initiating 23 and 25 enforcement actions, respectively, and collecting nearly $355 million and $148 million in fines.  Numerous individual defendants were prosecuted under the FCPA, some successfully, and some not … Continue Reading

Review of Australian laws on bribery of a Commonwealth and foreign public official

By Gabriel Colwell on Posted in Australia
The following is a guest post from associate Nicole Matraiin Squire Patton Boggs’ Perth, Australia office. The Australian Attorney General’s Department is looking to change some of the key points to Australia’s laws on bribery of a Commonwealth and foreign public official (found in Division 141 and 70 of the Criminal Code Act 1995 (Cth)). According … Continue Reading

Bribery Charges Dismissed Against Former Schnitzer Steel Executive

By Gabriel Colwell on Posted in China, Foreign Corrupt Practices Act, South Korea
On October 14, 2011, the DOJ dismissed bribery charges against Si Chan Wooh, the former Executive Vice President and head of Schnitzer Steel Industries, Inc.’s (“Schnitzer Steel”) Tacoma, Washington based subsidiary SSI International which oversaw Schnitzer Steel’s South Korean subsidiary, SSI Korea. Back in 2007, Wooh previously entered into a cooperation agreement with the DOJ … Continue Reading

Two Senior Executives Convicted In Haiti Teleco Bribes Case

By Gabriel Colwell on Posted in Foreign Corrupt Practices Act, Haiti, Telecommunications
Following a two week trial, on August 4, 2011, a federal jury convicted Joel Esquenazi and Carlos Rodriguez, former executives of Terra Telecommunications Corp. (“Terra”), on all counts for their roles in a scheme to pay bribes to Haitian government officials at the state-owned Telecommunications D’Haiti S.A.M (Haiti Teleco).  The DOJ’s press release is here. … Continue Reading

Bribery Act 2010: consultation on anti-bribery guidance for transactions published by Transparency International UK

By Gabriel Colwell on Posted in UK Bribery Act
As pointed out by Squire Sanders & Dempsey’s Capital Markets Practice Review for July 2011, “on 1 July 2011, the day the Bribery Act 2010, came into force, Transparency International UK published a consultation on its draft anti-bribery guidance for transactions. The draft guidance aims to provide practical help for companies wishing to undertake anti-bribery … Continue Reading
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