Foreign Agents Registration Act in a New Era

DOJ recently announced it is stepping up enforcement of FARA (the Foreign Agents Registration Act), breathing new life into this World War II-era law. FARA requires “agents” of a foreign principal to register – but Joe Moreno, former federal prosecutor and partner at Cadwalader, thinks the law is vague and is being applied too broadly.

In one of the cases to come out of the Mueller investigation, former Skadden partner Greg Craig was acquitted of FARA charges over his representation of the Ukrainian government. The case is an example of DOJ’s increased focus on U.S.-foreign relationships and the challenges and deficiencies of this statute, according to Moreno. Despite the law’s shortcomings, FARA enforcement may be a key part of DOJ’s policy as it seeks to avoid another 2016 election scenario.

Moreno thinks more clarity is needed on FARA’s reach and requirements. Moreno also has some advice for law firms and consultants who represent foreign entities for staying compliant with FARA.

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Hosts: Dori Goldstein and Meg McEvoy

Guest: Joe Moreno, Partner, White Collar Defense and Investigations Group, Cadwalader

Producer: RJ Jewell