Foreign Terrorist Organizations (FTOs) and Cartels:
Trump Administration Focus Creates Risks for Companies
Tue., April 1
2-3 pm EDT
Webinar
On his first day in office, President Trump signed an executive order (E.O.) directing the Secretary of State to designate several cartels as Foreign Terrorist Organizations (FTOs). In response, on February 19, 2025, the Secretary of State designated eight cartels operating throughout Mexico, Colombia, Honduras, Guatemala, Venezuela, and El Salvador as FTOs. On February 5, 2025, AG Pam Bondi issued a memorandum to U.S. Department of Justice personnel entitled “Total Elimination of Cartels and Transnational Criminal Organizations.” As with the E.O., the Memorandum highlights the use of terrorism charges to prosecute members and associates of cartels and TCOs. However, the Memorandum also identifies other laws to use in addressing cartel activity. In particular, it directs the DOJ Criminal Division’s Foreign Corrupt Practices Act (FCPA) Unit to “prioritize investigations related to foreign bribery that facilitates the criminal operations of Cartels and TCOs, and shift focus away from investigations and cases that do not involve such a connection.” The Memorandum also directs the DOJ Criminal Division’s Money Laundering and Asset Recovery Section to “prioritize investigations, prosecutions, and asset forfeiture actions that target activities of Cartels and TCOs.”
Given the extent of cartel-activity in Latin America, a wide range of industries now face new and heightened enforcement risks. For example, companies that operate in remote or conflict-affected areas (for example, in the security, extractives, agriculture, and telecommunications sectors) may come into contact with cartels that have infiltrated local economies, communities, and governments. In addition, cartels may attempt to use logistics, transportation, or air travel providers to transport narcotics, weapons, and people in connection with their criminal activities. Cartels may also seek to do business with manufacturers of weapons, chemicals that could be used in the manufacture of narcotics, and agricultural products used in the growing or harvesting of drugs.
This webinar will focus on the following topics:
- Potential for criminal and civil liability for companies providing “material support” to FTOs under the U.S.’s Anti-Terrorism Act (ATA)
- Use of FCPA and anti-money laundering laws to prosecute cartel activity
- Risk areas for companies operating in regions where cartels are active, including real-life example
- Strategies for mitigating risk
Speakers
James G. Tillen
Co-Practice Lead – FCPA & International Anti-Corruption, Miller & Chevalier
Michael K. Atkinson has led some of the most significant criminal fraud, public corruption, and national security cases in the United States and offers clients a rare combination of extensive knowledge of both criminal white collar defense and corporate compliance. Michael is the former presidentially appointed and Senate-confirmed Inspector General of the U.S. Intelligence Community in the Office of the Director of National Intelligence, and he previously served in senior Department of Justice roles spanning two decades in the National Security Division, the Criminal Division, and the U.S. Attorney’s Office for the District of Columbia, where he headed the Fraud and Public Corruption Section. Michael has been publicly described as “unflappable,” “meticulous,” one you “trust with investigations,” and a lawyer who handles himself with “class,” “intelligence,” “sensitivity,” and “strength.” He co-leads the firm’s National Security Practice Group.
Jessica Tillipman
Associate Dean for Government Procurement Law Studies; Government Contracts Advisory Council Distinguished Professorial Lecturer in Government Contracts Law, Practice & Policy, GW Law
Jessica Tillipman is the Associate Dean for Government Procurement Law Studies and Government Contracts Advisory Council Distinguished Professorial Lecturer in Government Contracts Law, Practice & Policy. She is an internationally recognized expert specializing in integrity, compliance and emerging technology issues in government procurement law.
Michael K. Atkinson
Partner, Crowell & Moring
Michael K. Atkinson has led some of the most significant criminal fraud, public corruption, and national security cases in the United States and offers clients a rare combination of extensive knowledge of both criminal white collar defense and corporate compliance. Michael is the former presidentially appointed and Senate-confirmed Inspector General of the U.S. Intelligence Community in the Office of the Director of National Intelligence, and he previously served in senior Department of Justice roles spanning two decades in the National Security Division, the Criminal Division, and the U.S. Attorney’s Office for the District of Columbia, where he headed the Fraud and Public Corruption Section. Michael has been publicly described as “unflappable,” “meticulous,” one you “trust with investigations,” and a lawyer who handles himself with “class,” “intelligence,” “sensitivity,” and “strength.” He co-leads the firm’s National Security Practice Group.