Richard J. Gibbon

Government Investigations & White Collar

• Advising Etisalat by e&, an Emirati-based multinational telecommunications services provider currently operating in 16 countries across the Middle East, Asia and Africa, during a six-month part-time assignment as Interim Head of Group Ethics & Compliance.
• Advising prominent persons in a confidential sovereign state with regard to challenging, managing and mitigating the reputational and transactional consequences of certain reporting by the International Consortium of Investigative Journalists (ICIJ) following the Panama, Pandora, and Paradise Papers, which were all public leaks of electronic documents memorializing offshore holdings and investments by the global wealthy elite.
• Advising numerous financial institutions and other corporate entities with the assessment of anti-bribery and corruption, anti-money laundering and countering the financing of terrorism, conflicts of interest, corporate governance, economic sanctions, export controls, and US Foreign Account Tax Compliance Act (FATCA) compliance program components, by benchmarking against appropriate standards that include local requirements and international best practices, and with remediation.
• Advising several foreign financial institutions, primarily in the Middle East, Asia and Africa, with investigations of potential violations of US sanctions and money laundering laws, including representation before OFAC, the US Department of Justice (DOJ), US Attorneys’ Offices and other US and home-country enforcement agencies and regulators, including more than half of the nine Europe, Middle East and Africa (EMEA) Region banks identified by the US enforcement authorities as BNP Paribas “satellite banks.”
• Advising National Commercial Bank, Saudi Arabia’s largest bank, in defending and settling a multiyear OFAC investigation of alleged violations of certain US sanctions.
• Advising Habib Bank Limited, Pakistan’s largest bank, in liquidating its New York branch without further enforcement action by the Federal Reserve or the New York Department of Financial Services (NYDFS).
• Advising a Gulf Cooperation Council (GCC)-based bank in defending and resolving a multiyear OFAC investigation with the issuance of a nonpublic cautionary letter and no finding of violation or monetary penalty.
• Advising a GCC-based bank on BSA/AML and sanctions matters related to loans, trade finance and customer due diligence.
• Advising an OFAC Specially Designated National and Blocked Person (SDN) financial institution in an internal investigation and with a Request for Reconsideration, seeking the rescission of its sanctions designation.
• Advising the UAE branch of a large Asian bank in defending the findings of a special examination and resultant enforcement action brought by the Central Bank of the UAE (CBUAE), related to alleged AML/CFT and sanctions issues.
• Advising a South Asian financial institution in an internal investigation of whistleblower allegations involving misconduct and self-dealing by key executives.
• Advising a UAE defense company with regard to challenging, managing and mitigating the consequences of the European Union Naval Force Mediterranean (IRINI) seizing on the high seas a delivery of armored vehicles that it alleged contravened a United Nations (UN) arms embargo, including by engaging directly with the UN.
• Advising a UAE defense company in an investigation of the unauthorized possible retransfer or release of International Traffic in Arms Regulations (ITAR)-controlled technical data received pursuant to several Technical Assistance Agreements (TAAs), with the implementation of corrective actions to remediate an identified process deficiency, and with a voluntary self-disclosure to the US Department of State’s Directorate of Defense Trade Controls (DDTC).
• Advising a UAE defense company in the assessment of its compliance with US and UAE export controls, to ensure the retention of its business-critical ability to purchase and import US-origin software and technology.
• Advising the Audit Committee of a global food production and distribution company in an internal investigation of numerous whistleblower complaints alleging sanctions violations, letters of credit fraud, tax evasion, defrauding of shareholders, and deceptive business practices by senior executives.
• Advising a global food and beverage company in an internal investigation into historic payment practices and processes, and representation before a local Public Prosecutor.
• Advising Siemens AG’s Audit Committee in connection with a worldwide white collar crime investigation into possible corrupt payments to government officials, which led to an early settlement of approximately US$1.6 billion.
• Advising a member of the ruling family of the Emirate of Dubai following an internal investigation touching upon the motorsport industry and Brazil.
• Advising the world’s largest medical devices and therapies company with respect to six separate and distinct Foreign Corrupt Practices Act (FCPA) and UK Bribery Act (UKBA) inquiries in India, including conducting internal and key distributor investigations into alleged improper payments to government health care professionals, advising on the development of the company’s internal business conduct standards and third party compliance procedures, and reporting to the DOJ and US Securities and Exchange Commission (SEC), resulting in a formal declination.
• Advising the world’s largest retail corporation with respect to several separate and distinct FCPA and UKBA inquiries in India, including conducting internal investigations into alleged improper payments and alleged issuance of improper benefits to government officials, and reporting to the DOJ and SEC.
• Advising a major international pharmaceutical company with respect to an FCPA and UKBA inquiry in Iraq, including conducting internal and key distributor investigations into alleged improper payments to government health care professionals.
• Advising a major international metals company with respect to the voluntary self-disclosure to the DOJ and SEC of alleged improper payments made to government officials in Bahrain.
• Advising a major multinational technology and consulting corporation with respect to three separate and distinct FCPA and UKBA inquiries in Algeria and Tunisia, including conducting internal investigations into alleged improper payments to government officials.
• Advising a global oilfield product-manufacturing company with respect to FCPA-related due diligence on a host of its foreign agents and business partners operating across the Middle East and North Africa (MENA) and Levant Regions.
• Advising one of the world’s largest oilfield services companies with respect to the business competence and integrity of the foreign agents and business partners of prospective acquisition targets across the MENA and Levant Regions.
• Advising a worldwide industrial services and engineered solutions company with respect to FCPA and UKBA issues in the Kingdom of Saudi Arabia, including advising on the development of the company’s existing internal compliance controls and the creation and implementation of supplemental anticorruption compliance program components.
• Advising a major private security company in its internal investigation into various allegations of insurance fraud and other impropriety during its performance of a subcontract below the US government in Afghanistan.
• Advising a major Middle Eastern media conglomerate with respect to the proposed dissemination of information (including content from US network partners) into several MENA countries in the context of US sanctions regulations, and also provided OFAC, FCPA, anti-boycott, and anti-money laundering compliance training to the company’s in-house legal team.
• Advising a major Middle Eastern real estate development company with respect to the proposed marketing and/or sale of real estate in Dubai to Iranian nationals in Iran in the context of US and EU sanctions regulations.
• Advising a Middle Eastern government-owned ports operations company with respect to its proposed expansion into several countries in Africa in the context of US sanctions regulations and other laws.
• Advising a Middle Eastern large-scale entertainment, leisure, retail and shopping malls company in the production of “business friendly” guides to US and EU sanctions regulations against Iran and Syria.

International Dispute Resolution

• Advising confidential investors in an effort to recover hundreds of millions of dollars misappropriated by the special administrators of a private bank that was the subject of a USA PATRIOT Act §311 designation.
• Advising a regional construction, logistics, secure accommodation, and life support services contractor following a direction by the US Departments of State and Defense to certain prime contractors to cease contracting with the company (a de facto debarment), including representation in an action for declaratory and injunctive relief in the US District Court for the District of Columbia against the US Department of State and the Secretary of State, resulting in a favorable settlement permitting the company to continue contracting with prime contractors on US government (including State and Defense) contracts.
• Advising a major international construction company in a US$110 million ICC arbitration subject to Qatari law brought by a subcontractor in relation to the export of liquefied natural gas (LNG) from Qatar. The dispute focused on the world’s first “Super Trains” (or LNG liquefaction and purification facilities), each producing 7.8 million tons of LNG per year, and involved the subcontractor’s claims for disruption, delay, prolongation, and acceleration, counterclaims for backcharges, and the final account between the parties.
• Advising Al Fattan Engineering LLC and Al Fattan Properties LLC in their successful jurisdictional challenge to a DIFC Court of First Instance (CFI) claim brought by a mechanical and electrical works subcontractor arising out of the Al Fattan Tower Currency House development in the DIFC. This case overruled a previous DIFC CFI judgment that practically denied any party that falls within the DIFC Courts’ jurisdiction the freedom to agree to arbitrate in the forum and under the rules of its choice. This is a seminal and widely acclaimed decision with respect to the extent and proper application of the DIFC Courts’ jurisdiction.
• Advising a major MENA Region project management company in the effective transfer and enforcement of a DIFC-LCIA Arbitration Award in Kuwait. This involved only the second applications in the history of the DIFC Court for the ratification of a DIFC-LCIA Award and the subsequent execution of the DIFC Court-ratified Award in the Dubai Court.
• Advising Standard Bank with respect to litigation in the UAE (Dubai and Sharjah) Courts and parallel LCIA proceedings subject to English law against various other regional banks and metals companies concerning the disputed ownership of millions of dollars of precious metals in the UAE.
• Advising the Khalilifamilienstiftung (Khalili Family Trust), a prestigious Liechtenstein-based trust that is heavily involved in the art world, in relation to a multijurisdictional dispute including litigation in the Dubai Court and the English High Court.
• Advising a major Russian investment group in an LCIA arbitration subject to English law arising out of a dispute with a high-net-worth Russian individual as to their competing interests in a Russian energy company worth approximately US$775 million. This matter also involved a series of applications for interim relief to the English High Court, the British Virgin Islands High Court, and the Isle of Man High Court.
• Advising the family and principal heirs of Arkady “Badri” Patarkatsishvili, a former Georgian presidential candidate, pursuant to alleged fraudulent claims in six jurisdictions concerning the beneficial ownership of assets worth US$6 billion to US$12 billion.
• Advising a Swedish biofuel producer and supplier in a LMAA arbitration subject to Swedish law arising out of a dispute with a potential Swiss purchaser as to bioethanol futures contracts.
• Advising one of the world’s largest producers of alumina in an ICC arbitration subject to English law arising out of alleged breaches of an alumina sale and purchase contract.
• Advising one of the world’s largest traders of steel billets in a LCIA arbitration subject to English law arising out of short delivery and other alleged breaches of contract.
• Advising a Malaysian tsar and his luxury vehicle importation business in English High Court litigation against a former business partner arising out of alleged breaches of contract.