Enforcement Release: Murad, LLC

Date issued: May. 17 2023

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TURBOFAC Commentary (2728 words)

Notes:

1) POTENTIAL TREND TOWARD "CONSPIRACY AS CATCH-ALL" PENALTIES; APPARENT MEANS OF OFAC AVOIDING THE OTHERWISE APPLICABLE STATUTE OF LIMITATIONS

a) Conspiracy as a Stand-alone Civil Charge

In the case against Murad, LLC (the company), OFAC charges a single count of conspiracy, i.e. a violation of 560.203(b) of the ITSR (see section II of the Settlement Agreement), as opposed to separate violations for each underlying violation of the ITSR alleged to have arisen out of the conspiracy. Compare the British American Tobacco p.l.c. web post, issued just a few weeks prior to this one, where OFAC did the same thing in what appeared to have been a first.

The Murad, LLC case appears to be the first time ever OFAC has done this where (i) the "conspiracy"...