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Strong Mitigating Factors Trump Debarment

Client Alert | less than 1 min read | 07.30.07

In Canales v. Paulson (D.D.C. July 16, 2007, https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv1330-47), the federal district court overturned a Treasury Department debarment from government contracting on the ground that the debarring official did not explain reasons for debarment in the face of strong mitigating factors (spotless record before the offense; five years since the incident; extensive business with the government in the interim; misdemeanor conviction) presented to him at the debarment proceeding.

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Client Alert | 7 min read | 06.24.26

DOJ’s National Security Division Announces First Declination Under New Corporate Enforcement Policy With Parallel BIS Settlement

On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch....