Anti-Terrorism Act/Foreign Terrorist Organizations

Providing material support to, or aiding and abetting, a designated Foreign Terrorist Organization (FTO) exposes companies to potential criminal and civil liability under the U.S. Anti-Terrorism Act (ATA), 18 U.S.C. §§ 2331-2339. With the Trump administration's designation of several Latin America-based cartels and organized criminal organizations as FTOs, companies operating in Latin America must manage ATA enforcement and litigation risk. Miller & Chevalier's recognized leadership on Latin America compliance and investigations issues, combined with our decades long expertise litigating ATA cases, makes us uniquely positioned to assist companies in navigating these evolving ATA risks. 

Developing Pragmatic, Defensible Compliance Strategies

Miller & Chevalier works with companies to build compliance strategies for operating in conflict-affected areas where FTOs are prevalent. These strategies include consideration of ATA risks in conjunction with corruption, economic sanctions, money laundering, and business and human rights (BHR) risks and standards. Our experience ranges from assessing risk, designing focused policies and procedures, and implementing strategies to address companies' potential exposure.

Whether a company in the mining sector is being pressured to make payments to cartels to maintain operations in a rural area (derechos de piso), a distribution company's trucks are coerced to make payments to cartels to travel a specific highway (derecho de paso), a food products company's trucks are "borrowed" to move illicit goods or traffic people, or a network of gas stations is forced to purchase stolen diesel from cartels, Miller & Chevalier has a seasoned and multilingual team to help companies navigate these complexities. 

Our compliance advice considers the host of risks at play holistically, including those associated with the ATA, the U.S. Foreign Corrupt Practices Act (FCPA), anti-money laundering (AML) laws, economic sanctions/Office of Foreign Assets Control (OFAC) restrictions, and BHR standards. 

Independent Internal Investigations

When a company has concerns that its personnel may have violated the ATA or other related laws, Miller & Chevalier performs internal investigations to understand the facts and provide legal advice on addressing legal exposure. In Latin America, we analyze vendor relationships, supply chains, security and logistics systems, construction projects, transportation and distribution networks, and client relationships to assess whether payments or other support to FTOs, or other forms of aiding and abetting, may have occurred directly or indirectly.  

Our globally recognized investigations Latin America teams perform targeted and efficient reviews enabling companies and their boards of directors and audit committees to respond to issues quickly and responsibly, helping to manage associated criminal, civil, litigation, and reputational risks. 

DOJ Investigations

If the U.S. Department of Justice (DOJ) opens an investigation or pursues asset forfeiture connected to a company's alleged support of an FTO, Miller & Chevalier represents impacted companies and defends their interests. Our representations have involved defense in both criminal and civil actions and advocacy in response to asset seizures. 

Civil Litigation

Under the civil liability provisions of the ATA, a U.S. national injured by an act of international terrorism may sue in U.S. federal court and recover treble damages. A company may be liable under the direct liability provision of the ATA (§ 2333(a)) for engaging in an act of international terrorism by providing material support to an FTO (in violation of §§ 2339A, B), or under the aiding and abetting provision (§ 2333(d)) for knowingly providing substantial assistance to the perpetrators of an attack committed, planned, or authorized by an FTO. 

Miller & Chevalier understands that ATA cases can be complex. The statutory scheme is multi-layered and there are currently few clear guideposts on the level of causation, involvement, and knowledge required to establish material support or aiding and abetting liability. Miller & Chevalier has extensive experience representing defendants in ATA cases. We have secured dismissals on motions to dismiss or motions for summary judgment, as well as litigating an ATA case through a jury trial. We also have successfully briefed and argued appeals in ATA cases.

Companies facing civil ATA suits may also be facing DOJ investigations, shareholder suits, and internal and public relations challenges. We are experienced navigating parallel legal proceedings and the complicated public relations and crisis management issues that tend to accompany these cases and understand the importance of integrating the legal defense strategy into the other issues facing targets of these suits.

Crisis Management

Companies face extraordinary, immediate challenges as soon as allegations involving material support and terrorism financing surface with the public. Navigating market disclosure requirements and evaluating whether and how to interact with the public, employees, auditors, customers, and financial services providers in these circumstances requires an experienced, steady hand. Our team has direct experience helping companies survive and emerge stronger from these challenges.