The United States District Court for the Southern District of Texas, the Honorable Kenneth M. Hoyt presiding, today found Alex Rovirosa innocent of the charges brought against him in United States v. Rovirosa, No. 4:25-cr-00415 (S.D. Tex.), freeing the Texas businessman to return to his wife and family.
The Court said the government intentionally did not call witnesses, and also found other unconstitutional discovery violations. Judge Hoyt stated at a hearing this morning that many of the defendant’s arguments may or may not be equally fatal, but the evidence, as presented, does not support a conviction. He ordered Mr. Rovirosa released immediately.
Importantly, federal prosecutors did not walk away or otherwise forfeit this case; the Court rejected the prosecution on the merits. Under the United States Constitution, this ruling is final and cannot be appealed. Mr. Rovirosa carries no conviction. He is an innocent man.
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
Despite the brief 118 day “pause” of FCPA enforcement in 2025 (during which various aspects of FCPA and related enforcement continued), corporate FCPA enforcement by the DOJ in 2025 was above certain recent prior years. (See here).
The past nine months has been one of most active periods of FCPA trials of individuals in the FCPA’s nearly 50 years. In September, there was an FCPA trial. In December, there was an FCPA trial. In February, there was an FCPA trial. Post-trial activity continues in some of these matters in which the DOJ remains steadfast in its positions.
Another FCPA trial is soon to begin…. […]
Despite the above facts, some insist that FCPA enforcement has stopped, slowed down, or changed.
This group now formally includes various Democratic Senators who recently introduced “The FCPA Reinforcement Act” in the Senate.
The short bill seeks to extend the statute of limitations going forward for criminal FCPA anti-bribery offenses to ten years.
At present, the FCPA’s anti-bribery provisions does not specifically contain a statute of limitations. Rather, the five year “catch-all” provisions in 18 USC 3282 (for criminal actions) and 28 USC 2462 (for civil actions) apply.
Source: “The FCPA Reinforcement Act” Introduced In Senate – FCPA Professor
In a recent event hosted by Securities Docket, Jay Clayton (U.S. Attorney for the Southern District of New York) stated that he “hates corruption of foreign officials” but also “hates the FCPA as applied” and noted “because of the application of the FCPA and the way we do it, I think corruption in many places around the world has increased.”…
In addition to cooperation, Peikin asked Clayton for his views on the Foreign Corrupt Practices Act, which spurred colorful criticism by Clayton. Clayton said he “hate[s]” how the powerful statute has been used by U.S. prosecutors. We “never really go after individuals, just hold up companies for money based on stuff we wouldn’t prosecute at home, and by doing that,…
Yet Hobson’s prosecution, initiated well before the policy shift, continues toward trial, even as other FCPA prosecutions fall by the wayside. For example, in April, a newly appointed U.S. attorney for the District of New Jersey dropped the agency’s long-running bribery prosecution of former Cognizant chief legal officer Steven Schwartz and former Cognizant president Gordon Coburn. […] Hobson said he…
Who says FCPA enforcement has flat-lined under the Trump Administration? Well, pretty much everyone, including the Administration itself — but apparently not! Prosecutors settled FCPA charges on Monday with Millicom Cellular, which is paying $118.2 million and entering a two-year deferred-prosecution agreement for corruption payments in Guatemala. The news comes from Millicom itself, which issued a press release on Monday…
When the DOJ issued the new FCPA Guidelines in June, the legal community speculated whether prosecutors and Department officials would interpret the guidance in a way that dramatically changed FCPA enforcement. The last sixth months, however, have demonstrated that not much has changed in FCPA practice, at least insofar as what has been disclosed to the public. Perhaps the similarities…
Smartmatic, the voting technology company, was added on Thursday to a Justice Department indictment that alleged that some of the company’s executives were involved in a scheme to bribe an election official in the Philippines. The defendants are accused of funneling $1 million in bribes, from 2015 to 2018, to the man who led the Philippine elections commission for most…
The SEC of course has FCPA enforcement powers as well (as to issuers and associated persons). but there has not been any FCPA enforcement actions by the SEC since late December 2024 – a gap of approximately 8 months. However, similar gaps in SEC FCPA enforcement have previously occurred. –In 2024, there was an approximate 8 month gap in enforcement…