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Regulatory Sanctions

SEC Charges Masterminds in Och-Ziff Bribery Case

January 26, 2017

The SEC today charged 2 former executives at Och-Ziff Capital Management - Michael Cohen and Vanja Baros - with being the driving forces behind a far-reaching bribery scheme that violated the Foreign Corrupt Practices Act. Cohen headed Och-Ziff’s European office, Baros was an investment executive on Africa-related deals. Och-Ziff and 2 other executives had previously settled charges against them in the case.

 

THE SEC ALLEGES ….   that Michael Cohen and Vanja Baros caused tens of millions of dollars in bribes to be paid to high-level government officials in Africa. Their alleged misconduct induced the Libyan Investment Authority sovereign wealth fund to invest in Och-Ziff managed funds. Cohen and Baros also directed illicit efforts to secure mining deals to benefit Och-Ziff by directing bribes to corruptly influence government officials in Libya, Chad, Niger, Guinea, and the Democratic Republic of the Congo.

 

“As alleged in our complaint, Cohen and Baros were the masterminds of Och-Ziff’s bribery scheme that improperly used investor funds to pay bribes through agents and partners to officials at the highest levels of foreign governments,” said Kara Brockmeyer, Chief of the SEC’s FCPA Unit.

 

The SEC’s complaint charges Cohen and Baros with violating the FCPA and Section 30A of the Securities Exchange Act, and aiding and abetting Och-Ziff’s violations.  Cohen also is charged with violating Sections 206(1) and 206(2) of the Investment Advisers Act.  The SEC is seeking monetary penalties against Cohen and Baros among other remedies.