Compliance into the Weeds The End of Self-Disclosure? The Criminal Indictment of Smartmatic
Oct 22, 2025
The discussion delves into Smartmatic's unusual FCPA indictment, shedding light on its political sensitivities and legal battles with Fox News. Concerns about selective prosecution emerge, questioning whether political alliances influence the case. The hosts debate the implications for voluntary self-disclosure and how changing administrations complicate compliance strategies. They highlight a lack of new allegations against Smartmatic and explore the potential impact on its business amidst shifting political interests.
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Rare Corporate FCPA Indictment
- The DOJ added Smartmatic as a corporate defendant in an FCPA indictment, a rare move not seen in years.
- That escalation raises questions about motives and departs from recent FCPA enforcement patterns.
Smartmatic's Background And Litigation
- Smartmatic, a voting-technology firm founded by Venezuelans, mainly sells abroad and was accused of bribery in the Philippines.
- The company also sued Fox News for defamation after conspiracy theories tied it to the 2020 election.
Selective Prosecution Concern
- The hosts suggest the indictment may represent selective prosecution tied to political sensitivities.
- That possibility undermines trust in DOJ consistency and alarms compliance officers deciding about self-disclosure.
