Ex-broker Jose Alejandro Hurtado was sentenced to
three years in prison for his role in a $60 million bribery scheme after
pleading guilty in 2013 to a variety of criminal charges, including violation
of the Foreign Corrupt Practices Act, money laundering, and obstruction of
justice.[i]
According to prosecutors, Hurtado and fellow employees
of New York broker-dealer Direct Access Partners LLC (DAP) channeled millions
of dollars in bribe monies to senior officials at Banco de Desarrollo Economico
y Social de Venezuela. In exchange, DAP received bond-trading business from the
state-owned Venezuelan bank. Prosecutors determined DAP received $60 million in
commissions from the illegal activity, and Hurtado personally gained $11.9
million in profits.[ii]
Securities and Exchange Commission (SEC) examiners
uncovered evidence of suspicious payments in 2010, though DAP employees
attempted to obfuscate the scheme by deleting emails. This proved fruitless, as
the correspondence had been saved on the company’s backup system.[iii]
All DAP employees charged in connection with the
bribery activity have pled guilty, with all but one sentenced to prison terms
ranging from two to four years. The final individual is scheduled for
sentencing in January of 2016. Hurtado’s then girlfriend and now wife is named
in a civil suit brought by the SEC.[iv]
While presiding Judge Denise Cote of the U.S. District
Manhattan Court praised Hurtado’s cooperation with the federal investigation,
she stated, “These were very, very significant crimes that deserve an appropriate
sentence to reflect their seriousness.”[v] Although Cosgrove Law
Group LLC focuses its practice in financial industry matters, it also
represents clients in the federal courts. In addition to those civil matters
which are not captured by an arbitration agreement, industry malfeasance cases
migrate to the federal criminal courts from time to time, as well.
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