Mitigating OFAC Civil Penalty Fines
You‘ve built a successful business or career. But now, you‘re facing potential penalties from the Office of Foreign Assets Control (OFAC). Don‘t panic – we‘re here to help. At Spodek Law Group, we understand the stress and uncertainty that comes with an OFAC investigation. Our team of experienced attorneys has helped countless clients navigate these complex waters, and we‘re ready to fight for you.
Contents
- 1 What is OFAC and Why Do They Issue Penalties?
- 2 Common OFAC Violations and Penalties
- 3 Trading with the Enemy Act Violations
- 4 International Emergency Economic Powers Act (IEEPA) Violations
- 5 Antiterrorism and Effective Death Penalty Act Violations
- 6 Foreign Narcotics Kingpin Designation Act Violations
- 7 Recordkeeping Violations
- 8 How OFAC Determines Penalties
- 9 Our Approach: Aggressive Defense and Proven Strategies
- 10 Why Choose Spodek Law Group?
- 11 Experience and Expertise
- 12 Personalized Attention
- 13 Proven Results
- 14 Unwavering Commitment
- 15 Our Free Consultation Offer
- 16 Conclusion
What is OFAC and Why Do They Issue Penalties?
OFAC is a division of the U.S. Department of the Treasury responsible for enforcing economic and trade sanctions. These sanctions are designed to further U.S. foreign policy and national security goals by targeting individuals, entities, and even entire countries engaged in activities deemed threatening or illicit.OFAC has the authority to issue civil and criminal penalties for violations of these sanctions programs. And let’s be clear – these penalties can be severe. We‘re talking millions of dollars in fines and even prison time in some cases. Yikes, right?
Common OFAC Violations and Penalties
So, what kinds of activities can land you in hot water with OFAC? Here are some common violations and their associated penalties:
Trading with the Enemy Act Violations
This act prohibits trade with designated enemy countries during times of war or national emergency. Penalties for violations can reach $90,000 per violation in 2023.
International Emergency Economic Powers Act (IEEPA) Violations
IEEPA allows the President to regulate economic transactions in response to national emergencies. Violations can result in penalties of up to $308,000 per violation in 2023.
Antiterrorism and Effective Death Penalty Act Violations
This act targets financial institutions that fail to comply with OFAC regulations related to terrorism. Penalties can reach $94,127 or twice the amount that should have been frozen, whichever is greater.
Foreign Narcotics Kingpin Designation Act Violations
Dealing with individuals or entities designated as narcotics traffickers under this act can lead to civil penalties of up to $1,771,754 per violation in 2023. Willful violations can also result in criminal charges and fines of up to $10 million for corporations or $5 million for individuals.
Recordkeeping Violations
OFAC enforces strict recordkeeping requirements to prevent sanctions evasion. Penalties for violations can range from $3,439 to $68,801 in 2023, depending on the severity.Feeling overwhelmed yet? Don’t worry – we’re just getting started!
How OFAC Determines Penalties
OFAC doesn‘t just throw darts at a board to determine penalties. They follow a structured process outlined in their Economic Sanctions Enforcement Guidelines. Here‘s a quick overview:
- Base Penalty Amount: OFAC first determines a base penalty amount based on factors like whether the violation was egregious or voluntarily self-disclosed.
- General Factors: OFAC then considers a range of aggravating and mitigating factors, such as the violator’s compliance program, remedial efforts, and cooperation with the investigation.
- Final Penalty: After weighing all the factors, OFAC calculates the final civil penalty amount.
But wait, there’s more! In some cases, OFAC may refer the matter to the Department of Justice for criminal prosecution. And you know what that means – potential prison time and even heftier fines.Feeling a little queasy yet? Don’t worry, we’re here to help you through this.
Our Approach: Aggressive Defense and Proven Strategies
At Spodek Law Group, we understand the complexities of OFAC regulations and the severe consequences of violations. That’s why our approach is two-fold:
- Aggressive Defense: We’ll fight tooth and nail to protect your rights and minimize the penalties you face. Our team has a proven track record of successfully challenging OFAC penalties and negotiating favorable settlements.
- Proven Strategies: We’ve been in this game for a long time, and we know all the tricks in the book. From asserting constitutional protections to preserving attorney-client privilege, we’ll leverage every strategy at our disposal to get you the best possible outcome.
But don‘t just take our word for it. Here‘s what one of our satisfied clients had to say:
“Spodek Law Group was a lifesaver. They not only helped me navigate the complex OFAC regulations, but they also negotiated a settlement that allowed me to keep my business afloat. I can‘t thank them enough.” – John D., Miami, FL
Impressed? You should be. But we’re just getting warmed up.
Why Choose Spodek Law Group?
At Spodek Law Group, we pride ourselves on being more than just another law firm. We‘re a team of dedicated professionals who truly care about our clients‘ well-being. Here‘s what sets us apart:
Experience and Expertise
Our attorneys have decades of combined experience handling OFAC investigations and sanctions-related matters. We’ve seen it all, and we know how to navigate even the most complex cases.
Personalized Attention
We understand that every case is unique, which is why we take a personalized approach to each and every client. You’ll never feel like just another number with us.
Proven Results
Our track record speaks for itself. We‘ve successfully defended clients against OFAC penalties time and time again, securing favorable outcomes and protecting their interests.
Unwavering Commitment
When you hire Spodek Law Group, you’re not just getting a law firm – you’re getting a partner who will fight tirelessly on your behalf. We’re in this together, every step of the way.Still not convinced? Let’s sweeten the deal.
Our Free Consultation Offer
We understand that facing OFAC penalties can be a daunting and overwhelming experience. That’s why we offer free, confidential consultations to all potential clients. During this consultation, one of our experienced attorneys will:
- Review the details of your case
- Explain the potential penalties you’re facing
- Outline our recommended strategy
- Answer any questions you may have
And the best part? There’s no obligation to hire us after the consultation. We want you to feel confident in your decision to work with us.So, what are you waiting for? Contact us today at 212-300-5196 or visit our website to schedule your free consultation.
Conclusion
Facing OFAC penalties can be a stressful and intimidating experience, but you don’t have to go through it alone. At Spodek Law Group, we have the experience, expertise, and unwavering commitment to fight for you every step of the way.