Meshkat Law represents companies, financial institutions, and individuals facing potential liability under U.S. economic sanctions laws, with a focus on OFAC enforcement and investigations work. We help clients navigate OFAC investigations and enforcement matters at every stage—from the first indication of potential sanctions issues through internal review, engagement with OFAC, final resolution of investigations and enforcement actions, and, where appropriate, litigation in federal court.
OFAC can open an investigation based on a wide range of triggers, including tips, referrals from other agencies, suspicious activity reports from financial institutions, or a company’s own voluntary self-disclosure. Investigations often begin with an administrative subpoena or a request for information seeking documents, data, and written responses about conduct implicating OFAC-administered laws and regulations. Depending on OFAC’s findings, outcomes can range from a no action or cautionary letter, to a formal finding of violation, civil monetary penalties, or referrals for potential criminal enforcement.
When sanctions issues arise, early strategic engagement is critical. Clients must balance their desire to cooperate with the need to protect their legal position, manage privilege, and mitigate civil and criminal exposure. In these situations, working with an experienced OFAC enforcement lawyer can help structure internal reviews and submissions so that they are accurate, complete, and aligned with OFAC’s expectations under the applicable sanctions program and its Enforcement Guidelines.
We structure our underlying investigations and submissions to OFAC with close attention to the legal authorities underlying the applicable sanctions program(s) and to OFAC’s Economic Sanctions Enforcement Guidelines, including the General Factors Affecting Administrative Action and their potential aggravating or mitigating impact. During the course of an investigation, OFAC generally expects companies to address underlying compliance gaps that contributed to any apparent violations, which often means enhancing sanctions screening, due diligence, and internal controls as part of the overall response.
We represent clients responding to OFAC administrative subpoenas and other OFAC requests for information concerning transactions or activities that may implicate U.S. sanctions laws and regulations. While such information requests do not, by themselves, mean the recipient has violated sanctions or will necessarily face civil or criminal enforcement, they are a critical inflection point in how the matter may develop and make it especially important to carefully manage the response.
We move quickly to help clients preserve relevant records, define the scope of requested information, and, where necessary, seek clarifications or reasonable extensions from OFAC. Our work includes coordinating document collection and review, preparing accurate and carefully framed written responses in consideration of relevant legal authorities and OFAC’s Enforcement Guidelines, and managing communications with OFAC to demonstrate cooperation while protecting the client’s legal position and privileges.
We assist clients in conducting internal investigations to identify and scope potential sanctions issues and, where appropriate, to support voluntary self-disclosures (VSDs) to OFAC. Our role often includes overseeing or conducting fact-finding, analyzing whether the conduct constitutes an apparent violation, and assessing the risks and benefits of a VSD in light of OFAC’s Enforcement Guidelines and its General Factors, while remaining attuned to the client’s broader business realities and risk tolerance. We prepare detailed disclosure submissions that explain the facts, legal analysis, and any remedial measures, and we engage with OFAC throughout its review, including responding to follow-up questions and incorporating additional remediation and compliance enhancements that may further mitigate OFAC’s enforcement response, including any potential penalties. For broader sanctions compliance program design and enhancements as part of any such remedial efforts, we also direct clients to our OFAC compliance services.
We represent clients in OFAC civil enforcement matters, including responding to findings of violation, pre-penalty notices, and final penalty notices that may follow an OFAC investigation. We prepare written submissions that, where appropriate, challenge OFAC’s factual or legal conclusions and present mitigating factors in light of OFAC’s General Factors Affecting Administrative Action, including explanations of the client’s remediation efforts and sanctions compliance program improvements. We also negotiate with OFAC to seek reductions in proposed penalties and structure practical settlement terms.
Where appropriate, we represent clients in federal court litigation challenging OFAC enforcement actions and, where relevant, coordinate strategy in light of any related criminal-referral risk.
The following matters are representative of OFAC enforcement and investigation work handled by our attorney.
Prior results do not guarantee a similar outcome.
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Responding to OFAC Administrative Subpoenas and Other Requests