www.FARA.us

On July 26, 2024, a jury convicted U.S. Senator Robert Menendez of 16 counts of bribery, honest services fraud, extortion, conspiracy, and acting as a foreign agent for the Government of Egypt.  Senator Menendez and four associates were originally indicted in September 2023 and then a superseding indictment charged Menendez with acting as an agent of the Government of Egypt required to register, in violation of 18 U.S.C. § 219, which is a provision technically outside of FARA that is specific to federal officials.  Menendez was alleged to have secured U.S. aid for Egypt, intervened with the U.S. Department of Agriculture to secure a lucrative halal meat certification for an Egyptian national, and interfered in criminal investigations on behalf of Egyptian interests, all in exchange for various items of value that included gold bars and a Mercedes-Benz.  Some of the colorful facts involved in this case may have improved its appeal to a jury.  Unlike some other FARA-related prosecutions that can make a FARA violation seem like a hyper-technical and victimless crime of failing to fill out a form, Menendez violated his oath of office and the public trust in a way that was straightforward for a jury to assess.

Menendez is the first sitting federal official to be convicted for acting as a foreign agent.  (Former Congressman Mark Siljander pleaded guilty to failing to register as an agent for the Islamic American Relief Agency after his federal service.  Former Ambassador Sam Zakhem was indicted for violating FARA and other federal laws after his government tenure, but the FARA charge was later dropped.)  He may not be the last, as Congressman Henry Cuellar has also been indicted and is awaiting trial for, among other things, acting as a foreign agent under facts that are broadly similar to those in the Menendez case.

 Menendez has indicated he will appeal the jury verdict.  That appeal will likely focus heavily on whether evidence was improperly admitted by the trial judge in a manner that violated the Senator’s constitutional “speech and debate” privileges.

For more information regarding FARA, please contact us using our online form.