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Menendez case signals new chapter for DOJ on foreign agent law on October 15, 2023 at 10:00 am Business News | The Hill

A new federal charge against Sen. Bob Menendez (D-N.J.) purports he conspired with his wife and a New Jersey businessman to act as a foreign agent of Egypt — an unprecedented allegation marking the first time a sitting U.S. senator has been accused of working on behalf of another government.
The superseding indictment is an escalation from federal bribery charges that prompted calls for Menendez’s resignation last month. The senior senator maintained his innocence in a statement to The Hill on Thursday, calling the new foreign agent charges “an attempt to wear someone down.”
Trying the case may also prove to be a test for federal prosecutors who have escalated enforcement action related to undisclosed foreign influence operations in the U.S.
“It is absolutely a signal to the public and to the advocacy community that the Department of Justice is not backing away from FARA enforcement,” said Josh Rosenstein, a member of Sandler Reiff Lamb Rosenstein & Birkenstock who specializes in Foreign Agents Registration Act (FARA) compliance.
FARA has been in place since 1938 to compel disclosure of foreign propaganda and lobbying efforts. It is not illegal to lobby on behalf of a foreign government as long as the agent is registered and properly discloses under FARA — unless, of course, that agent is a public official.
Federal prosecutors in the Southern District of New York allege Menendez, who chaired the Senate Foreign Relations Committee before federal bribery charges prompted him to step down from his leadership role, used his influence to secretly aid the government of Egypt.
“Maybe it goes without saying, but members of the United States Senate — regardless of whether they register or not — are simply not permitted to be agents of foreign principles,” said Matthew L. Schwartz, a former federal prosecutor in the Southern District of New York who now focuses on white collar defense as managing partner of Boies Schiller Flexner.
“Their allegiance has to be to the United States,” Schwartz added.
In his Thursday statement, Menendez described an unwavering loyalty to the U.S. throughout his life and career and said the charges contradict what he characterized as a record of challenging the Egyptian government on issues related to democracy and human rights.
The new charge cites a related statute that explicitly bars officials from actions that would trigger registration under FARA.
This is the first time the statute has been used, according to several FARA experts, underlying the unprecedented nature of the charge.
“There’s nothing I’m aware of like this where a sitting member of Congress is accused of working as a foreign agent,” Ben Freeman, a FARA expert and director of the democratizing foreign policy program at the Quincy Institute for Responsible Statecraft, told The Hill in a phone interview.
(One of the reporters who contributed to this story, Taylor Giorno, interned with Freeman between August 2021 and March 2022.)
The decision to charge the sitting senator with conspiracy to act as a foreign agent may mark the beginnings of a new FARA enforcement strategy, according to Rosenstein.
“If it is the case that the government will now start bringing conspiracy charges more frequently in the FARA arena, that may be the next salvo in basically the government’s attempt to enforce FARA because you do not need the same level of willfulness for conspiracy, you need an overt act,” Rosenstein said.
Rob Kelner, a Covington & Burling partner who runs the firm’s FARA practice, said it’s possible prosecutors chose to charge Menendez under an adjacent statute because the threshold for proving he “willfully” acted as a foreign agent is likely lower than with FARA itself.
That the DOJ didn’t originally bring a FARA-linked charge could indicate a disagreement among prosecutors as to whether their evidence met the necessary threshold, resulting in a compromise with the new charge Menendez, his wife and another co-defendant face, Kelner said.
“As it is with many ‘white collar’ cases, it’s gonna be about proving what was in the mind of the defendant, whether it’s a question of whether they intended to fraud someone, or in this case, whether they were really acting as an agent of Egypt as opposed to having acted independently,” Schwartz said.
In a 2020 letter sent to John Demers, then assistant attorney general of the Justice Department’s National Security Division, Menendez argued the department should investigate potential FARA violations by a former member of Congress.
“The Act is clear that acting directly or indirectly in any capacity on behalf of a foreign principal triggers the requirement to register under FARA,” Menendez wrote in the letter.
In a second letter, sent in 2022, Menendez said “it is imperative that the Justice Department ensure he is held to account,” according to the indictment.
Experts say the letters demonstrate his grasp on the actions that would trigger registration under FARA. But Steve Roberts, a partner at Holtzman Vogel, pointed out that Menendez himself did not necessarily write them.
“You and I know how a Senate office works — the staffer writes the letter, signs the boss’s name, maybe the boss sees it, maybe he doesn’t,” Roberts said. “If Menendez saw that letter, then it shows that he knows what FARA is and was trying to lay it against others. But if I’m his lawyer, I might say he didn’t actually see this letter, this was just staff doing their job.”
In addition to the new foreign influence charge, Menendez, his wife and three New Jersey businessmen are accused of entering a “corrupt relationship” where Menendez traded his political sway for lavish bribes, including gold bars, “hundreds of thousands of dollars” and a luxury vehicle.
The indictment alleges Menendez passed nonpublic, “highly sensitive” State Department information about people serving at the U.S. Embassy in Cairo to an Egyptian government official via his wife, Nadine Arslanian, and Wael “Will” Hana, one of the businessmen. It also asserts that the senator sought to use his political sway to disrupt a criminal investigation into Jose Uribe and the prosecution of Fred Daibes, the other two businessmen.
Menendez pleaded not guilty to the counts he faces and has repeatedly decried the allegations against him as “baseless.” His wife and the businessmen have also pleaded not guilty to their charges.
An arraignment on the superseding indictment is scheduled for Wednesday afternoon in New York.
The new charge could complicate the government’s case, making it easier for defense attorneys to argue that Menendez was acting in what he believed to be the best interest of the nation and his constituents, Schwartz said.
But it also drastically alters the severity of the case, particularly from a political standpoint.
“Before, it was a political case in the sense that it was about a sitting U.S. senator who was allegedly selling access and selling official action,” Schwartz said. “Now, the allegation is not only that he sold access and official action, but he sold it to a foreign government and he acted at the behest of the foreign government.”
Since the charges were announced, Menendez’s Democratic colleagues have urged him to resign from office, with fellow New Jersey Sen. Cory Booker (D) — a longtime friend and ally — last month calling his choice to remain in the upper chamber a “mistake.”
On Thursday, Sen. John Fetterman (D-Pa.) called on the full Senate to vote on a resolution to expel Menendez from the chamber in the wake of the new charges.
Menendez has faced federal corruption charges before; in 2015, he was accused of accepting gifts and trips from a donor. However, those charges were dropped in 2018 after a jury failed to reach a verdict.
The FARA office has also weathered some recent high-profile losses.
Last October, a federal judge dismissed the Justice Department case against casino mogul Steve Wynn trying to compel him to register as a foreign agent of China.
Another prominent case against then-Brookings Institution President John Allen, a retired four-star Marine general accused of secretly lobbying on behalf of Qatar, was dropped earlier this year.
But the department did score a win this spring when former Fugees member Prakazrel “Pras” Michel was convicted of 10 charges, including failure to register as a foreign agent of China.
The agency has precipitously increased FARA prosecutions in recent years.
The Justice Department brought just seven criminal FARA cases between 1996 and 2015, according to a 2016 report by the Office of the Inspector General.
Since then, Freeman estimates more than twenty people have been indicted on FARA-related charges.
“By the numbers, [FARA] enforcement is way up, and as this case makes clear, they’re willing to go after the biggest fish in the D.C. swamp,” Freeman said.
Senate, Business, News A new federal charge against Sen. Bob Menendez (D-N.J.) purports he conspired with his wife and a New Jersey businessman to act as a foreign agent of Egypt — an unprecedented allegation marking the first time a sitting U.S. senator has been accused of working on behalf of another government. The superseding indictment is an…
Business
Building a 10 Million Army: One Leader’s Mission to Save Tomorrow

Sustainability is often spoken about as if it belongs only to scientists, policy experts, or environmental activists. On the Roselyn Omaka Show, Otto Cannon makes the case that it belongs to everyone. His message is both urgent and deeply human: sustainability is not just about the environment, but about creating a world where people, planet, and profit exist in balance.
Cannon’s mission is striking in its scale. He wants to build what he calls a global army of 10 million sustainability leaders—people across industries and communities who choose to think beyond short-term gains and take responsibility for the future they are helping shape.
My biggest mission is to raise a 10 million global army of sustainability leaders.
Otto’s understanding of this work did not begin in a conference room. It began in childhood, shaped by a father who taught him to see the world’s problems as personal assignments. That early influence instilled in him the belief that real leadership means stepping forward, identifying what is broken, and dedicating yourself to fixing it.

That mindset later became deeply personal. In one of the interview’s most emotional moments, Cannon shares how the death of his dog after swallowing a plastic bottle cap changed his life. What might have seemed like an isolated tragedy became, for him, a doorway into a much larger truth: waste is never just waste when it destroys ecosystems, harms wildlife, and threatens the future.
Instead of turning away, he turned pain into action. Through his work, he helped build a recycling company that processed over 10,000 tons of plastic and supported tree-planting efforts that have already reached more than 500,000 trees. His story reflects the broader idea of sustainability leadership, which is commonly framed as the integration of environmental, social, and economic responsibility into real-world decision-making.
What makes Cannon’s perspective especially compelling is the way he challenges common misconceptions. He argues that sustainability is too often boxed into environmental language alone, when in reality it applies to every sector—fashion, construction, energy, transportation, manufacturing, and beyond. This broader understanding aligns with current sustainability leadership thinking, which emphasizes systems, collaboration, and long-term value creation across sectors.
Profit should never come at the expense of people or the planet.
That belief is central to everything Cannon describes. For him, sustainability is not anti-business. It is about designing business, innovation, and progress in a way that does not leave harm behind for future generations. A solution that helps today but creates a deeper problem tomorrow, he argues, is not truly a solution at all.

This is also the thinking behind the Global Sustainability Summit and Awards in London, where Cannon brings together leaders from government, business, and civil society to share ideas, showcase innovation, and inspire action. Cross-sector collaboration is widely recognized as a core part of effective sustainability work, especially when the goal is cultural and systemic change rather than isolated projects.
The power of Cannon’s message lies in its accessibility. He is not calling only on policymakers or executives. He is speaking to creators, founders, farmers, designers, builders, and everyday professionals—anyone who has influence over materials, waste, systems, sourcing, or the choices that shape modern life.
By the end of the conversation, one image lingers: the idea that one person is a drop of water, but many drops together can become a wave. That is the future Otto Cannon is working toward—not a movement powered by one voice, but one built by millions who decide that sustainability is not optional, but necessary.
Business
GLOBAL SUSTAINABILITY SUMMIT RETURNS FOR ITS 5TH EDITION AT THE BRITISH PARLIAMENT – HOUSE OF LORDS, PALACE OF WESTMINSTER

FOR IMMEDIATE RELEASE
Theme: “People, Planet, and Profit in the Age of AI and Innovation”
London, United Kingdom — The Global Sustainability Summit (GSS) is officially back for its landmark 5th Edition, continuing its legacy as one of the leading international platforms driving sustainable development, climate action, ethical investment, innovation, and global collaboration.

Convened annually at the prestigious British Parliament, House of Lords, Palace of Westminster, by Ambassador Canon Chinenem Otto, the Summit has, over the last four years, successfully fostered international dialogue and partnerships that have contributed to the advancement of global sustainability goals, the establishment of sustainability-focused ministries, departments and policy structures across national and subnational governments, and the attraction of major investors into sustainable development projects, corporations and emerging economies.
This year’s summit, themed “People, Planet, and Profit in the Age of AI and Innovation,” will explore how emerging technologies, responsible leadership, sustainable finance, innovation, and global partnerships can shape a more inclusive, resilient and environmentally conscious future.

The 5th Edition promises to be the most impactful yet, bringing together world leaders, policymakers, diplomats, investors, academics, innovators, climate experts and youth leaders from across the globe to discuss actionable solutions toward achieving a sustainable and equitable future.
Among the distinguished speakers, delegates and honorees already lined up for the Summit are:
• His Excellency Mallam AbdulRahman AbdulRazaq — Executive Governor of Kwara State, Nigeria and Chairman of the Nigeria Governors’ Forum
• His Excellency Senator Prince Bassey Otu — Executive Governor of Cross River State, Nigeria
• Ambassador Patricia Espinosa Cantellano — Former Executive Secretary of UN Climate Change (UNFCCC) and Former Foreign Minister of Mexico

• Lord Marvin Rees, Baron Rees of Easton OBE — Member of the House of Lords, United Kingdom
• Hon. Neema K. Lugangira — Secretary-General of Women Political Leaders (WPL), Brussels and Former Member of Parliament
• Her Excellency Dr. Netumbo Nandi-Ndaitwah — President of the Republic of Namibia
• His Excellency Nangolo Mbumba — Former President of Namibia
• Former President of Tanzania
• Her Excellency Ambassador Professor Olufolake AbdulRazaq — First Lady of Kwara State, Nigeria and Chairperson of Nigeria Governors’ Spouses Forum
• Your Excellency Dr. Dikko Umar Radda, PhD, CON — Executive Governor of Katsina State and Chairman of the Northwest Governors Forum, Nigeria
• Hon. Sam Shafiishuna Nujoma — Governor of Khomas Region, Namibia

• H.E. Mr. Veiccoh Nghiwete — High Commissioner of the Republic of Namibia to the United Kingdom
• Her Excellency Ms. Macenje “Che Che” Mazoka — High Commissioner of Zambia to the United Kingdom
• Ms. Danielle Newman — Partner Lead, ICT, World Economic Forum
• Leanne Elliott Young — Co-founder, Institute of Digital Fashion & CommuneEast
• Ms. Chloe Russell — Producer & Presenter, Art, Science and Nature
• Professor Marie-Claire Cordonier Segger — University of Cambridge & University of Waterloo
• Dr. Alexandra R. Harrington — IUCN World Commission on Environmental Law (WCEL)
• Professor Payam Akhavan — Massey College, University of Toronto
• Mr. Mallai C. E. Sathya — President, Dravida Vetri Kazhagam and International Movement for Tamil Culture Asia

The Summit will feature high-level panel discussions, strategic investment conversations, sustainability awards, policy dialogues, innovation showcases, youth engagement sessions and international networking opportunities focused on climate resilience, ethical financing, food-water-energy sustainability, circular economy, artificial intelligence, diplomacy and sustainable development.
Speaking ahead of the Summit, Convener Ambassador Canon Chinenem Otto noted:
“As the world rapidly evolves through artificial intelligence and technological innovation, we must ensure that sustainability remains people-centered, environmentally responsible and economically inclusive. The Global Sustainability Summit continues to serve as a bridge connecting governments, institutions, innovators and investors to accelerate practical sustainability solutions globally. Our fifth edition is not only a celebration of progress made over the years, but also a renewed call for global collaboration and actionable impact toward achieving the Sustainable Development Goals and Net Zero ambitions.”
The Global Sustainability Summit continues to position itself as a catalyst for transformative partnerships and sustainable global progress, reinforcing the urgent need for collective action toward a more resilient and sustainable future.
More announcements regarding additional speakers, partners and summit activities will be unveiled in the coming weeks.
Business
What the Michael Biopic Means for Every Indie Filmmaker

The Michael Jackson biopic Michael is more than celebrity drama; it is a real-time lesson in how legal decisions can quietly rewrite a story that millions of people will see. You do not need a $200M budget for the same forces—contracts, settlements, and rights issues—to shape or even erase key parts of your own work.

What Happened to Michael
The film Michael originally included a third act that addressed the 1993 child sexual abuse allegations and their impact on Jackson’s life and career. Trade reports say this version showed investigators at Neverland Ranch and dramatized the scandal as a turning point in the story. After cameras rolled, lawyers for the Jackson estate realized there was a clause in the settlement with accuser Jordan Chandler that barred any depiction or mention of him in a movie.
Because of that old agreement, the filmmakers had to remove all references to Chandler and rework the ending so the story stopped years earlier, in the late 1980s at Jackson’s commercial peak.
According to reporting, this meant roughly 22 days of reshoots, costing around 10–15 million dollars and pushing the total budget over 200 million.
Meanwhile, actress Kat Graham confirmed her portrayal of Diana Ross was cut for “legal considerations,” showing how likeness and approval issues can wipe out an entire character even after filming.
For audiences, the result is a movie that intentionally avoids one of the most controversial chapters of Jackson’s life, which some critics argue makes the portrait feel incomplete or selectively curated.
The Hidden Power of Contracts and Rights
The key detail in the Michael story is that a contract signed decades ago could dictate what present-day filmmakers are allowed to show. That settlement clause did not just affect the people who signed it; it effectively controlled the narrative of a big-budget film made years later. This is how legal documents become invisible co-authors: they quietly set boundaries around what your story can and cannot include.
Creators face similar invisible lines with:
- Life-rights and defamation: If you dramatize real people, especially in a negative light, they can claim defamation or invasion of privacy if your portrayal is inaccurate or harmful.
- Copyright and trademarks: Unlicensed music, clips, logos, or artwork can trigger copyright or trademark claims that block distribution or force expensive changes.
- Distribution contracts: Some deals give distributors the right to re-edit, retitle, or repackage your work without your approval unless you negotiate otherwise.
Legal commentary warns that fictionalizing real events and people carries heightened risk because audiences tend to connect your dramatization back to actual individuals. That risk does not disappear just because you are “small” or “indie”; impact, not audience size, usually determines exposure.
Why This Matters for Indie Filmmakers and Creators
Independent filmmakers often choose the indie route precisely to maintain creative control, but they can face more risk if they skip legal planning. Common problems include unclear ownership of the script, missing music licenses, handshake agreements with collaborators, and no written permission to use locations or people’s likenesses. These are the kinds of issues that can derail distribution, block a streaming deal, or force last-minute cuts that fundamentally change your story.
Legal guides for indie filmmakers consistently emphasize a few realities:
- You do not fully “own” your film unless you have clear contracts for writing, directing, producing, and underlying rights.
- Unregistered or unlicensed creative elements (like music and logos) can make your project uninsurable or unattractive to distributors.
- Fixing legal problems after the fact is almost always more expensive and limiting than planning for them at the beginning.
So when you watch Michael skip over certain events, you are seeing, in exaggerated form, the same forces that can shape an indie short, web series, documentary, or podcast episode.
Practical Legal Lessons You Can Apply Now
You do not need a law degree, but you do need a basic legal strategy for your creative work. Here are practical steps drawn from entertainment-law and indie-film resources:
- Clarify who owns the story
- Use written agreements with co-writers, directors, and producers that state who owns the script and finished film.
- If your work is based on a real person or memoir, secure life-rights or written permission where appropriate, especially if the portrayal is sensitive.
- Be intentional with real people and events
- When telling true or inspired-by-true stories, avoid making specific, negative claims about identifiable people unless they are well-documented and legally vetted.
- Change names, details, and circumstances enough that the person is not clearly identifiable if you do not have their cooperation.
- Lock down music and visuals
- Use original scores, licensed tracks, or reputable libraries; never assume you can keep a song just because it is in a rough cut.
- Clear artwork, logos, and recognizable brands, or replace them with generic or custom-designed alternatives.
- Protect yourself in contracts
- When signing any distribution or platform deal, read the clauses about editing, retitling, and marketing carefully; ask for limits or at least consultation rights.
- Include terms that let you reclaim rights if a partner fails to release the work, goes dark, or breaches key promises.
- Document everything
- Keep organized copies of releases, licenses, and contracts; these documents are part of your project’s value and proof of your rights.
- Register your work where applicable (for example, copyright), which strengthens your ability to enforce your rights if someone copies you.
Education-focused legal resources repeatedly stress that preventative steps—basic contracts, clear permissions, and simple registrations—are far cheaper than dealing with takedowns, lawsuits, or forced rewrites later.
The Big Takeaway: Story and Law Are Connected
The Michael biopic illustrates what happens when legal obligations and creative vision collide: whole characters disappear, endings are rewritten, and the public only sees a version of the story that fits within old contracts.
As an indie filmmaker, writer, or content creator, you may not have millions at stake, but you do have something just as valuable—your voice and your ability to tell the story you meant to tell.
Understanding the legal dimensions of your work is not a distraction from creativity; it is a way of protecting it. When you know where the legal boundaries are, you can design stories that are bold, truthful, and still safe enough to reach the audiences they deserve.
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