Foreign Corrupt Practices Act: Enforcement Action Dataset

Initiation Date: 03/12/2013

Prosecuting Agency: U.S. Department of Justice

Type of Action: DOJ Criminal Proceeding

Docket or Case Number: 13-cr-673

Court: S.D. New York

Name of Prosecuting Attorneys:

Preet Bharara, United States Attorney
Jeffrey H. Knox, Chief, Fraud Section, Criminal Division
Harry A. Chernoff, Assistant United States Attorney
Jason H. Cowley, Assistant United States Attorney

US Assisting Agencies:

U.S. Securities and Exchange Commission
Federal Bureau of Investigation
Department of Justice - Criminal Division's Office of International Affairs

Foreign Enforcement Action/Investigation: Unknown

Foreign Assistance: Unknown

Origin of the Proceeding: Unknown

Whistleblower: Unknown

Case Status: Resolved

Summary

Jose Alejandro Hurtado was an associate and employee of Direct Access Partners LLC ("Direct Access") and was based in Miami, Florida.

From at least in or around early 2009 through in or around 2012, Jose Alejandro Hurtado participated in a bribery scheme in which he and other employees and agents of Direct Access made bribe payments to Maria de los Angeles Gonzalez de Hernandez ("Maria Gonzalez") in exchange for Maria Gonzalez steering Banco de Desarrollo Económico y Social de Venezuela ("BANDES") business to Direct Access and authorizing BANDES to execute bond trades with Direct Access. During this time period, Maria Gonzalez directed substantial business to Direct Access on behalf of BANDES and carried out bond transactions that resulted in Direct Access generating tens of millions of dollars in revenue, of which millions--representing a portion of the monies generated by Direct Access' bond trade activity -- were kicked back to Maria Gonzalez.

On March 12, 2013, the DOJ filed a criminal complaint in the Southern District of New York against Hurtado, Maria Gonzales, and Tomas Alberto Clarke Bethancourt. The cases against the defendants were subsequently separated, and on August 30, 2013, the DOJ filed a six count Information against Hurtado alleging (1) conspiracy to violate the anti-bribery provisions of the FCPA, conspiracy to violate the Travel Act, and conspiracy to commit money laundering; (2) direct and aiding and abetting/causing violations of the anti-bribery provisions of the FCPA; (3) direct violations of the Travel Act; (4) money laundering; (5) conspiracy to obstruct justice; and (6) conspiracy to violate the anti-bribery provisions of the FCPA. According to a DOJ press release issued on August 30, 2013, Hurtado also pleaded guilty on the same date as the filing of the Information. On December 15, 2015, the court sentenced Hurtado to 3 years in prison to be followed by 3 years of supervised release, during which time Hurtado must perform 300 hours of community service. This term of imprisonment represents a substantial departure from the sentencing guidelines range of "life." The court further ordered Hurtado to pay a mandatory assessment of $600 and forfeiture of $11,896,743.

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Enforcement Action Dataset

Case Information

United States of America v. Jose Alejandro Hurtado

Case Information

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