In October 2025, Smartmatic was criminally charged with conspiracy to violate the FCPA’s anti-bribery provisions, money laundering conspiracy, and money laundering in connection with an alleged bribery scheme involving the former Chairman of the Commission on Elections of the Philippines. (See here for the prior post).
The allegations involved the same core conduct alleged in a 2024 FCPA enforcement action (still pending) involving two company executives, among others.
The criminal indictment against Smartmatic was notable in that 2010 was the last time a business organization was criminally indicted for FCPA offenses (as opposed to a criminal information / complaint resolved through a plea agreement or deferred prosecution agreement; non-prosecution agreement; or declination with disgorgement).
Yesterday, Smartmatic moved to dismiss the indictment on the basis of “vindictive and selective prosecution.”
Source: Smartmatic Files Motion To Dismiss For “Vindictive And Selective Prosecution” – FCPA Professor
