ProfessionalsFarrah R. Berse
Farrah R. Berse
Counsel
Tel: +1-212-373-3008
Fax: +1-212-492-0008
emailfberse@paulweiss.com
1285 Avenue of the Americas
New York,
NY
10019-6064
Fax: +1-212-492-0008
Farrah R. Berse is counsel in the Litigation Department and the Deputy Chair - Investigations and Defense of the Anti-Corruption & FCPA Practice Group. Farrah’s practice focuses on Foreign Corrupt Practices Act internal and government investigations and defense. Farrah also has experience with white collar matters, and complex commercial litigations. She has an active pro bono practice, focusing on voters’ rights as well as the representation of criminal defendants.
Farrah served as Chairperson of the Moot Court Board and was elected to the Order of the Barristers at New York University School of Law.
EXPERIENCE
Farrah's practice emphasizes corruption-related investigations and defense, and white collar matters. She regularly represents clients in internal investigations and in responding to, and defending against, government investigations and prosecutions on behalf of both entities and individuals. Farrah also assists clients with designing and reviewing compliance programs and policies.
Recent anti-corruption experience includes:
- Representation of a major financial institution in an investigation being conducted by various regulators, including the DOJ and SEC, into whether its hiring practices in Asia complied with anti-corruption laws.
- A major financial institution in an internal investigation concerning gift and entertainment expense activities involving state-owned and private clients in Japan and South Korea.
- A multinational Fortune 500 company in an internal investigation concerning alleged improper third-party payments by one of its Eastern European subsidiaries.
- Advising multi-national companies in connection with the design and review of their anti-corruption compliance programs and policies.
Related Resources
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- Oct 10, 2019
- Publications
DOJ Announces Guidance for “Inability-to-Pay” Claims
On October 8, 2019, the Criminal Division of the U.S. Department of Justice released guidance on how federal prosecutors should evaluate claims that corporations are unable to pay a proposed fine or monetary penalty.
SEC Concludes the 2018-19 Fiscal Year with Four FCPA Enforcement Actions
- Oct 08, 2019
- Publications
SEC Concludes the 2018-19 Fiscal Year with Four FCPA Enforcement Actions
The SEC closed out its 2018-19 fiscal year by resolving four FCPA enforcement actions and assessing over $25 million in combined penalties, bringing the total number of SEC resolutions in 2019 to twelve.
Paul, Weiss Wins Freedom for Pro Bono Client Wrongfully Convicted of Murder
- Sep 13, 2019
- Client News
Paul, Weiss Wins Freedom for Pro Bono Client Wrongfully Convicted of Murder
After a 15-year fight on his behalf, Paul, Weiss secured the freedom of a pro bono client who was wrongfully convicted in 1996 of a murder he did not commit.
FCPA Enforcement and Anti-Corruption Developments: 2019 Mid-Year Review
- Jul 18, 2019
- Publications
FCPA Enforcement and Anti-Corruption Developments: 2019 Mid-Year Review
Robust FCPA enforcement activity continued in the first half of 2019. The DOJ and the SEC—resolving four and five corporate enforcement actions, respectively—assessed a combined total of $1.5 billion in corporate penalties, of which…
TechnipFMC Agrees to Pay $296 Million to DOJ and Brazilian Authorities to Resolve Criminal FCPA Charges; SEC Civil Charges Pending
- Jul 02, 2019
- Publications
TechnipFMC Agrees to Pay $296 Million to DOJ and Brazilian Authorities to Resolve Criminal FCPA Charges; SEC Civil Charges Pending
On June 25, 2019, the Department of Justice announced a resolution with Technip FMC PLC (“TFMC”), a London-headquartered, global provider of oil and gas technology and services that is listed on the New York Stock Exchange, for…
Walmart Pays $282 Million for Failing to Maintain a Sufficient Anti-Corruption Compliance Program
- Jun 25, 2019
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Walmart Pays $282 Million for Failing to Maintain a Sufficient Anti-Corruption Compliance Program
On June 20, 2019, the Department of Justice and the Securities and Exchange Commission announced long-awaited resolutions with Walmart, Inc. for violations of the books and records and internal accounting provisions of the Foreign…
SEC Fines Telefônica Brasil S.A. $4.125 Million Relating to World Cup Tickets Given to Government Officials
- May 13, 2019
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SEC Fines Telefônica Brasil S.A. $4.125 Million Relating to World Cup Tickets Given to Government Officials
On May 9, 2019, the SEC fined Telefônica Brasil S.A. a $4.125 million civil penalty to resolve allegations that the company‘s internal accounting controls failed to protect sufficiently against the risk that things of value, like…
DOJ Updated Guidance for Evaluating Corporate Compliance Programs Focuses on Effectiveness
- May 06, 2019
- Publications
DOJ Updated Guidance for Evaluating Corporate Compliance Programs Focuses on Effectiveness
On April 30, 2019, the Criminal Division of the U.S. Department of Justice released updated guidance on how prosecutors evaluate the effectiveness of corporate compliance programs.
New Georgia Election Security Law Prompted by Paul, Weiss and Brennan Center Lawsuit
- Apr 30, 2019
- Client News
New Georgia Election Security Law Prompted by Paul, Weiss and Brennan Center Lawsuit
In response to a successful voter protection lawsuit filed on behalf of Common Cause Georgia by Paul, Weiss and the Brennan Center for Justice, Georgia Governor Brian Kemp signed into law a provision requiring Georgia’s secretary of…
DOJ, FBI, and CFTC Announce FCPA Policy Revisions and Initiatives
- Mar 15, 2019
- Publications
DOJ, FBI, and CFTC Announce FCPA Policy Revisions and Initiatives
The Department of Justice announced last week several revisions to its Foreign Corrupt Practices Act (“FCPA”) Corporate Enforcement Policy, which includes relaxing prior guidance on how companies should deal with employees’ use of…
Mobile TeleSystems PJSC Reaches $850 Million Resolutions with DOJ and SEC Over FCPA Violations
- Mar 12, 2019
- Publications
Mobile TeleSystems PJSC Reaches $850 Million Resolutions with DOJ and SEC Over FCPA Violations
In the latest dramatic chapter of the long-running bribery saga that has pervaded the telecommunications sector in Uzbekistan, on March 6 and 7, 2019, the Department of Justice (“DOJ”) and the Securities and Exchange Commission…
Bowlmor Wins Dismissal of Lawsuit Seeking Unwinding of Share Repurchases
- Feb 04, 2019
- Client News
Bowlmor Wins Dismissal of Lawsuit Seeking Unwinding of Share Repurchases
Paul, Weiss won the dismissal of a lawsuit brought in New York Supreme Court, Oneida County, against international bowling chain Bowlmor AMF Corp., two of its subsidiaries, its officers and directors and certain shareholders.
FCPA Enforcement and Anti-Corruption Developments: 2018 Year in Review
- Jan 17, 2019
- Publications
FCPA Enforcement and Anti-Corruption Developments: 2018 Year in Review
In this memo, we offer reflections on the year’s most significant developments in anti-corruption and FCPA enforcement and policy.
Federal Court Orders Georgia to Take Steps to Ensure Provisional Ballots Counted
- Nov 12, 2018
- Client News
Federal Court Orders Georgia to Take Steps to Ensure Provisional Ballots Counted
In a voting rights case brought by Paul, Weiss and the Brennan Center for Justice, a federal court in Atlanta enjoined Georgia from rejecting thousands of provisional ballots based on the state's corrupted, purged and potentially…
DOJ Announces New Guidance for Imposing Compliance Monitors in Criminal Division Matters
- Oct 17, 2018
- Publications
DOJ Announces New Guidance for Imposing Compliance Monitors in Criminal Division Matters
On October 12, 2018, Brian A. Benczkowski, the Assistant Attorney General for the Criminal Division, announced new guidance (the “Benczkowski Memorandum”) setting forth a “pragmatic approach to monitorships,” highlighting the factors…
Behind Petrobras $1.8 Billion FCPA Settlement, An Interesting Accounting
- Oct 02, 2018
- Publications
Behind Petrobras $1.8 Billion FCPA Settlement, An Interesting Accounting
On September 27, 2018, the U.S. Department of Justice (“DOJ”) and the U.S. Securities and Exchange Commission (“SEC”) announced coordinated enforcement resolutions with Petróleo Brasileiro S.A. – Petrobras, the Brazilian state-owned…
The Second Circuit Rejects FCPA Liability for Foreign Persons under Accessory Liability Theories
- Aug 27, 2018
- Publications
The Second Circuit Rejects FCPA Liability for Foreign Persons under Accessory Liability Theories
On August 24, 2018, the Court of Appeals for the Second Circuit held in United States v. Hoskins that a foreign national who does not otherwise fall within the specific categories of defendants enumerated in the Foreign Corrupt…
Société Générale and Legg Mason to Pay Nearly $650 Million to Resolve DOJ Investigation of Libyan Bribery Scheme
- Jun 07, 2018
- Publications
Société Générale and Legg Mason to Pay Nearly $650 Million to Resolve DOJ Investigation of Libyan Bribery Scheme
On June 4, 2018, the U.S. Department of Justice (“DOJ”) announced a pair of Foreign Corrupt Practices Act (“FCPA”) resolutions, one involving Paris-based Société Générale S.A. (“Société Générale”) and its wholly-owned subsidiary, SGA…
DOJ Issues New Policy on Coordination of Corporate Penalties to Address “Piling On”
- May 10, 2018
- Publications
DOJ Issues New Policy on Coordination of Corporate Penalties to Address “Piling On”
Yesterday, Rod Rosenstein, Deputy Attorney General of the U.S. Department of Justice, announced a new policy, in the form of an addition to the United States Attorneys’ Manual (“USAM”), concerning the coordination of corporate…
Panasonic Reaches Global Settlement with DOJ and SEC Over FCPA Violations
- May 08, 2018
- Publications
Panasonic Reaches Global Settlement with DOJ and SEC Over FCPA Violations
On April 29, 2018, the U.S. Department of Justice entered into a deferred prosecution agreement with California-based Panasonic Avionics Corp.
FCPA Enforcement and Anti-Corruption Developments: Q1 2018
- Apr 13, 2018
- Publications
FCPA Enforcement and Anti-Corruption Developments: Q1 2018
The first quarter of 2018 saw a flurry of declinations of FCPA prosecutions by the DOJ and the SEC, and only one FCPA corporate enforcement resolution by the DOJ and two resolutions by the SEC.
Elbit Imaging Settles with SEC in First FCPA Resolution of 2018
- Mar 15, 2018
- Publications
Elbit Imaging Settles with SEC in First FCPA Resolution of 2018
The SEC recently announced a settlement against an Israel-based company and its majority-owned indirect subsidiary, alleging violations of the internal accounting controls and books and records provisions of the Foreign Corrupt…
FCPA Enforcement and Anti-Corruption Developments: 2017 Year In Review
- Jan 19, 2018
- Publications
FCPA Enforcement and Anti-Corruption Developments: 2017 Year In Review
Despite significant FCPA enforcement activity in 2017, the Trump administration’s approach to enforcement remains elusive and not readily characterized. While actions against individuals were at the highest level in recent years,…
DOJ Issues New FCPA Corporate Enforcement Policy
- Nov 30, 2017
- Publications
DOJ Issues New FCPA Corporate Enforcement Policy
The Department of Justice recently announced a new FCPA Corporate Enforcement Policy, which states that when a company voluntarily self-discloses misconduct, fully cooperates, and timely and appropriately remediates, there will be a…
Telia Agrees to $965 Million Global Foreign Bribery Resolution
- Sep 28, 2017
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Telia Agrees to $965 Million Global Foreign Bribery Resolution
U.S. authorities recently announced the first major FCPA settlement under the Trump administration: a $965 million global resolution with a Sweden-based telecommunications company Telia Company AB and its indirectly-owned Uzbek…
Kokesh Raises Questions About Declinations with Disgorgement Under the FCPA Pilot Program
- Jun 29, 2017
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Kokesh Raises Questions About Declinations with Disgorgement Under the FCPA Pilot Program
The U.S. Department of Justice recently declined to prosecute two U.S. subsidiaries of a German chemical company while requiring them to disgorge profits from the allegedly corrupt scheme, the third declination requiring disgorgement…
U.S. Supreme Court Holds That Five-Year Statute of Limitations Applies to Claims for Disgorgement Brought by the SEC
- Jun 06, 2017
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U.S. Supreme Court Holds That Five-Year Statute of Limitations Applies to Claims for Disgorgement Brought by the SEC
On June 5, the Supreme Court unanimously held that SEC claims for disgorgement are governed by a five-year statute of limitations. The Court rejected the SEC’s position that the claims are not subject to time limits. The decision…
FCPA Pilot Program: One-Year Retrospective
- Apr 20, 2017
- Videos
FCPA Pilot Program: One-Year Retrospective
The U.S. Department of Justice recently announced that it is extending its FCPA Pilot Program, which was launched in April 2016, while they evaluate the program.
New DOJ Guidance For Evaluating Corporate Compliance Programs
- Mar 20, 2017
- Publications
New DOJ Guidance For Evaluating Corporate Compliance Programs
The Department of Justice recently released guidance on the Evaluation of Corporate Compliance Programs containing 119 questions the Fraud Section may ask in the context of an investigation. As we describe in this memorandum, the…
Mark Mendelsohn and Farrah Berse to Participate at ACI’s Annual New York Conference on FCPA Act
- Apr 20, 2017
- Events
Mark Mendelsohn and Farrah Berse to Participate at ACI’s Annual New York Conference on FCPA Act
Litigation partner Mark Mendelsohn and counsel Farrah Berse will participate at the American Conference Institute’s (ACI) 19th Annual New York Conference on the Foreign Corrupt Practices Act.
A Flurry of FCPA Enforcement Actions Marks the End of the Obama Administration
- Feb 17, 2017
- Publications
A Flurry of FCPA Enforcement Actions Marks the End of the Obama Administration
Following on the heels of a record-breaking enforcement year,1 the Department of Justice and the Securities and Exchange Commission continued their FCPA enforcement activities at a breakneck pace in December 2016 and January 2017.
Client Memo: FCPA Enforcement and Anti-Corruption Developments: 2016 Year In Review
- Jan 20, 2017
- Publications
Client Memo: FCPA Enforcement and Anti-Corruption Developments: 2016 Year In Review
The year 2016 was, by any measure, an extraordinary year for the enforcement of the Foreign Corrupt Practices Act.
Landmark Antitrust Victory for Becton Dickinson in the Fifth Circuit
- Dec 02, 2016
- Client News
Landmark Antitrust Victory for Becton Dickinson in the Fifth Circuit
Paul, Weiss secured a significant antitrust appellate victory for global medical technology company Becton Dickinson & Company (BD).
Client Alert: Embraer SA Pays $205 Million to the SEC and DOJ to Settle FCPA Violations
- Nov 01, 2016
- Publications
Client Alert: Embraer SA Pays $205 Million to the SEC and DOJ to Settle FCPA Violations
On October 24, 2016, U.S. authorities announced that Brazilian aircraft manufacturer Embraer SA agreed to pay more than $205 million to resolve violations of the Foreign Corrupt Practices Act's anti-bribery, books and records and …
League of Women Voters Wins Extension of Voter Registration Deadline in Florida
- Oct 14, 2016
- Client News
League of Women Voters Wins Extension of Voter Registration Deadline in Florida
Working with the Brennan Center for Justice on behalf of our client the League of Women Voters, Paul, Weiss won a preliminary injunction directing the State of Florida to extend its voter registration deadline in the wake of…
Farrah Berse to Discuss Petrobras at IBA Corporate Governance Event
- Nov 03, 2016
- Events
Farrah Berse to Discuss Petrobras at IBA Corporate Governance Event
Litigation counsel Farrah Berse will participate in a panel discussion at the International Bar Association's Annual Corporate Governance Conference.
Recent DOJ and SEC Actions Underscore Regulators’ Pronouncements That “Vigorous Enforcement” of FCPA Violations Remains a “High Priority”
- Oct 13, 2016
- Publications
Recent DOJ and SEC Actions Underscore Regulators’ Pronouncements That “Vigorous Enforcement” of FCPA Violations Remains a “High Priority”
As the end of their fiscal years approached on September 30, the Department of Justice and Securities and Exchange Commission announced a number of resolutions, underscoring their pronouncements that "vigorous enforcement" of…
Client Alert: $1.4 Billion Global Settlement Offer to Telia Portends Major Foreign Bribery Prosecution
- Sep 23, 2016
- Publications
Client Alert: $1.4 Billion Global Settlement Offer to Telia Portends Major Foreign Bribery Prosecution
On September 15, 2016, U.S. and Dutch authorities presented Telia Company AB, a global telecommunications company partially owned by the Swedish government, with a proposed settlement offer requiring Telia to pay $1.4 billion to…
FCPA Pilot Program - New Guidance for Self-Reporting
- Jul 28, 2016
- Videos
FCPA Pilot Program - New Guidance for Self-Reporting
The U.S. Department of Justice's new FCPA enforcement pilot program is intended to encourage companies to voluntarily self-disclose FCPA-related misconduct.
Client Alert: Analogic and Johnson Controls Settlements Shed Further Light on the Implementation of DOJ’s FCPA Pilot Program
- Jul 27, 2016
- Publications
Client Alert: Analogic and Johnson Controls Settlements Shed Further Light on the Implementation of DOJ’s FCPA Pilot Program
The U.S. Department of Justice ("DOJ") and the U.S. Securities and Exchange Commission ("SEC") recently announced two FCPA settlements that shed further light on how the DOJ is implementing its FCPA "Pilot Program."
OECD Criticizes Japan for Leniency in Combatting Foreign Bribery
- Jul 20, 2016
- Publications
OECD Criticizes Japan for Leniency in Combatting Foreign Bribery
On June 30, 2016, following a two-day high-level mission to Tokyo, Japan to meet with senior government officials and representatives, the Organization for Economic Cooperation and Development ("OECD") Working Group on Bribery in …
Litigation Partners Author Article on First DOJ Declination Letters Since Launch of Its FCPA Pilot Program
- Jul 07, 2016
- Publications
Litigation Partners Author Article on First DOJ Declination Letters Since Launch of Its FCPA Pilot Program
Litigation partners Mark Mendelsohn and Alex Oh co-authored a client memorandum, titled "DOJ Declination Letters and the FCPA," that was featured on The Harvard Law School Forum on Corporate Governance and Financial Regulation…
Client Alert: DOJ Publicly Releases First Declination Letters Since Launching Its FCPA Pilot Program
- Jun 20, 2016
- Publications
Client Alert: DOJ Publicly Releases First Declination Letters Since Launching Its FCPA Pilot Program
The Department of Justice has publicly released its first declination letters since the launch of its FCPA Pilot Program two months ago. The letters were sent to two companies, home-security and thermostat systems-maker Nortek,…
Farrah Berse to Moderate Panel Discussion at C5’s International Conference on Anti-Corruption
- Jun 20, 2016
- Events
Farrah Berse to Moderate Panel Discussion at C5’s International Conference on Anti-Corruption
Litigation Counsel Farrah Berse will moderate a panel discussion at C5's 10th Annual International Conference on Anti-Corruption.
Client Alert: DOJ Announces a Pilot Program to Encourage Companies to Self-Report FCPA Violations
- Apr 06, 2016
- Publications
Client Alert: DOJ Announces a Pilot Program to Encourage Companies to Self-Report FCPA Violations
On April 5, 2016, the U.S. Department of Justice ("DOJ") released an FCPA "Enforcement Plan and Guidance" memorandum announcing a one-year pilot program that is designed to "motivate[e] companies to voluntarily self-disclose…
Client Alert: Novartis AG Settles SEC FCPA Action Involving China Subsidiaries
- Mar 29, 2016
- Publications
Client Alert: Novartis AG Settles SEC FCPA Action Involving China Subsidiaries
On March 23, 2016, the U.S. Securities and Exchange Commission ("SEC") announced a settlement with Novartis AG ("Novartis") regarding alleged violations of the books and records and internal accounting controls provisions of the…
Client Alert: DOJ and SEC Pressure Test Accuracy of Self-Reporting and Cooperation in PTC FCPA Settlement
- Feb 29, 2016
- Publications
Client Alert: DOJ and SEC Pressure Test Accuracy of Self-Reporting and Cooperation in PTC FCPA Settlement
On February 16, 2016, the Securities and Exchange Commission and the Department of Justice announced settled parallel enforcement and criminal actions against Massachusetts-based technology company PTC, Inc. and its two…
Client Alert: VimpelCom Agrees to Landmark $795 Million FCPA Resolution
- Feb 26, 2016
- Publications
Client Alert: VimpelCom Agrees to Landmark $795 Million FCPA Resolution
On February 18, 2016, U.S. authorities announced a landmark resolution concerning violations of the Foreign Corrupt Practices Act.
Client Alert: SEC Settlement Highlights Importance of Third-Party Agent Guidelines
- Feb 25, 2016
- Publications
Client Alert: SEC Settlement Highlights Importance of Third-Party Agent Guidelines
On February 4, 2016, the Securities and Exchange Commission announced a settled enforcement action against Ignacio Cueto Plaza, the current CEO of Chile-based airline company LAN Airlines S.A.
Client Memo: SciClone Pharmaceuticals Settles FCPA Action Over China Business Practices
- Feb 16, 2016
- Publications
Client Memo: SciClone Pharmaceuticals Settles FCPA Action Over China Business Practices
On February 4, 2016, the U.S. Securities and Exchange Commission ("SEC") announced a settled enforcement action against U.S. pharmaceutical company SciClone Pharmaceuticals, Inc. ("SciClone"), alleging violations of the anti-bribery…
Client Alert: SEC FCPA Action Against Bristol-Myers Squibb Highlights Importance of Addressing Red Flags
- Oct 08, 2015
- Publications
Client Alert: SEC FCPA Action Against Bristol-Myers Squibb Highlights Importance of Addressing Red Flags
On October 5, 2015 the U.S. Securities and Exchange Commission announced it had settled an enforcement action against U.S. issuer Bristol-Myers Squibb Company, in which the SEC alleged violations of the internal controls and…
Awards & Recognition
The Legal Aid Society Recognizes Paul, Weiss’s Pro Bono Contributions
- Oct 25, 2017
- Awards
The Legal Aid Society Recognizes Paul, Weiss’s Pro Bono Contributions
The Legal Aid Society recognized several Paul, Weiss attorneys and the firm as a whole at the 2017 Pro Bono Publico Awards for their pro bono contributions over the past year.