Brian Fleming Quoted on DOJ-Skadden FARA Deal in Law360

"Skadden's Deal With DOJ Comes With Woes For Greg Craig"

Law360

01.18.2019

Brian Fleming was quoted on the $4.6 million settlement the U.S. Department of Justice (DOJ) reached with Skadden Arps Slate Meagher & Flom LLP (Skadden) regarding the law firm's failure to register under the Foreign Agents Registration Act (FARA) for its work on behalf of Ukraine. Fleming said the revelations about Skadden's work for Ukraine "touch on all kinds of things — the new FARA enforcement climate, the lack of real enforcement tools the DOJ has — and as a result, there is going to be a strong response when they realize they've been lied to. This hits at the heart of FARA about as hard as I can imagine." Regarding DOJ's approach to FARA enforcement, Fleming noted, "DOJ still relies on a 'cooperative' approach by those mulling the vagaries of FARA, and would not respond quietly to anyone who went out of their way to misrepresent their work or duck compliance."