Entries in Miscellaneous Receipts Act (5)
Aaron Bornstein wrote in the prior post of the potential to use recovered bribe proceeds or stolen assets to fund BOTA-inspired programs in developing countries. That possibility is real, and important. But recognize that the majority of FCPA settlements do not involve traceable and recoverable assets -- the money is typically long gone. So if we are to create more BOTAs, we must fund them with the money that is available in your more typical FCPA settlement.
We provided a number of examples in the prior post when the DOJ funded community service projects with settlement money while fully complying with the MRA. Indeed, these projects have become more common, not less, in recent years.
We explained in the prior post that the MRA is a seemingly absolute bar to using settlement money to fund community programs (or anything else, for that matter). After all, the statute is unequivocal: any government official “receiving money for the Government from any source shall deposit that money with the Treasury.” 31 U.S. § 3302(b).
We’ve heard it so many times: the Miscellaneous Receipts Act prohibits federal enforcement agencies from doing anything with settlement money other than depositing 100% of it in the U.S. Treasury.