Avoiding Common Mistakes in OFAC Cases

If you require assistance in a case involving OFAC sanctions, do not hesitate to reach out to a skilled attorney experienced in avoiding common mistakes in OFAC cases. A dedicated lawyer can offer you their assistance gained through years of dedicated practice to help make you aware of these mistakes ahead of time. Read on to learn more about avoiding common mistakes in OFAC cases, as well as the ways a professional lawyer could offer you their assistance today.

What Makes OFAC Cases Unique?

In most of the OFAC-administered sanctions programs, when someone is being investigated by the agency for potential violations, there is no judge. The enforcement officer is the adjudicating officer. The individual has to make their arguments as to why a violation did or did not occur and present any mitigating circumstances of the violation to the enforcement officer. That is a unique circumstance to be in, resembling arguing with police officers who made an arrest and trying to convince them that the suspect they just arrested did not do anything wrong. While the defendant is taken before a judge and makes their case before a judge or a jury in traditional criminal situations, that is not necessarily the case in OFAC-administered matters.

Examples of Common Mistakes

The main mistake that individuals can make in these cases is being ignorant of the law. The law is very broad and encompasses so many issues that many do not realize that it impacts what they are doing on a day-to-day basis. That is the most common mistake among individuals and businesses. Beyond that, there is the global targeting side of OFAC, which is an office within OFAC that targets who will be sanctioned and who is going to be put on the OFAC administered Specially Designated Nationals list. If someone is dealing with the wrong individuals without realizing it, they might find themselves on the list. Businesses are not usually willfully breaking the law, but when it comes to OFAC-administered sanctions, ignorance of the law is not an excuse. Anyone can and will be held to account for almost every negative inference that can be drawn against them in these matters. However, know that a skilled attorney can be a valuable asset in avoiding common mistakes in OFAC cases such as these.

The Importance of an OFAC Attorney

Hiring a skilled attorney early on in the process can help in avoiding common mistakes in OFAC cases. That is the best way to protect someone from an OFAC enforcement action. A professional lawyer can review a transaction, produce a compliance program for the company, and train the employees to follow that program. The attorney can counsel a business on these steps so that a violation is less likely to occur. If a violation occurs in the future, having a compliance program and guidance from an attorney will mitigate the violation. The enforcement response from OFAC could be less severe because an individual or entity took prior steps to avoid the problem. If you require professional assistance in avoiding common mistakes in OFAC cases, do not hesitate to reach out to a dedicated attorney today to schedule your initial consultation.