Since Russia invaded Ukraine in late-February 2022, the U.S. and its allies have responded with far-reaching economic sanctions, export controls, and other actions. In March, government officials described a coordinated effort to enforce these measures through cross-border investigations followed by criminal and regulatory penalties. Without disputing the validity of those objectives, companies and individuals in New Jersey and elsewhere face complex questions regarding the quickly evolving sanctions environment and business exposure to the Russian economy. In anticipation of the need to advise clients on sanctions compliance, the possibility of enforcement actions, and during criminal investigations, this article discusses strategies for discovery litigation in the types of cases the Department of Justice (DOJ) has forecast.  

Background

On March 2, 2022, DOJ announced Task Force KleptoCapture, an interagency task force focused on enforcing sanctions and other measures imposed in response to the Russian invasion. According to the announcement, Task Force personnel are experienced with “national security investigations,” using “foreign intelligence sources,” and “foreign evidence collection.” On March 16, DOJ and the Treasury Department described a multilateral task force comprised of eight countries and the European Commission that will coordinate international enforcement efforts. On March 17, the New Jersey Department of Banking and Insurance warned that it would pursue administrative actions against New Jersey financial institutions and other regulated entities to ensure compliance with the federal sanctions.

National Security Investigations