FARA Defense Attorney in Houston
Expert FARA Defense Lawyer in Houston
At The John T. Floyd Law Firm, Mr. Floyd and his team of legal professionals are ready to start building your FARA defense today. Mr. Floyd has never been one to shy away from tough or complex cases, and he will work tirelessly to defend your rights no matter how severe the allegations against you may be.
Board-Certified in Criminal Law, Experienced in FARA Defense Cases
If you, your consulting firm, or your corporation are being targeted by the U.S Department of Justice (DOJ) for alleged violations of the Foreign Agents Registration Act (FARA), your reputation, business, and personal freedom are on the line, and you need a specialized team that helps you with FARA Defense. These regulations have shifted dramatically from a sleepy administrative law to an aggressive weapon of federal criminal prosecution. Therefore, you need strategic, discreet, and formidable defense for every sector across Houston and Texas facing high-stakes federal investigations.
What Is a FARA Violation?
A FARA violation occurs when an individual or organization acts as an “agent of a foreign principal” within the United States but fails to comply with the mandatory registration, reporting, and public disclosure requirements set by the Foreign Agents Registration Act (22 U.S.C. § 611 et seq.).
Under federal law, FARA violations fall into two main categories based on intent:
- Criminal (Willful) Violations: Occur when someone intentionally fails to register, submits false or misleading statements, omits material facts, or actively conceals a foreign relationship.
- Civil and Administrative Violations: Involve non-willful failures, such as late filings, incomplete record-keeping, or failing to include required disclosure statements on distributed materials. These violations typically result in DOJ civil audits, subpoenas, or court injunctions forcing immediate compliance.
Common FARA Violations and DOJ Investigation Triggers in Houston
FARA regulations require individuals and entities acting on behalf of a foreign principal to disclose their relationship, activities, and final receipts. The DOJ’s FARA Unit routinely initiates civil audits and criminal grand jury investigations when non-compliance is suspected. Federal inquiries generally stem from eight critical compliance issues:
Registration and Filing Non-Compliance |
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This violation includes the failure to register, or the performance of covered political, public relations, or lobbying activities for a foreign government, political party, or foreign entity, without first filing an initial registration with the DOJ. Late registration or failure to update filings, as well as inadequate record-keeping, to maintain required books and records that substantiate compliance and financial disclosures are flagged under this regulation. |
Misrepresentation and Concealment of Foreign Control |
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It includes omitting critical information, such as the true identity of the foreign principal, total compensation received, or the full scope of activities performed. Likewise, concealing foreign control via intermediaries, such as utilizing domestic shell companies, offshore accounts, or third-party consulting firms to obscure the fact that a foreign entity directs or funds the project. |
Undisclosed Lobbying and Informational Materials |
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| Covering unregistered political and public relations activity such as lobbying or attempting to influence U.S. government officials or public opinion on behalf of foreign interests without proper disclosure. Likewise, it covers the distribution of non-disclosed materials, including newsletters, press releases, digital campaigns, or policy briefs without the mandatory, conspicuous FARA disclosure statement |
What Our Clients Have to Say
Based on Real and Verified Reviews
Federal Defense Strategies Against FARA Allegations
Defending a FARA charge requires a deep understanding of federal administrative procedures and criminal litigation. Attorney John T. Floyd and his team develop tailored defense strategies designed to resolve inquiries early and prevent formal criminal indictments:
- Statutory exemptions: proving your activities fall under explicit legal exceptions, such as the commercial exception, legal representation exemption, or LPO exemption.
- Lack of willful intent: criminal FARA convictions require proof that you willfully violated the law. We present evidence of good-faith compliance efforts and a lack of knowledge or reliance on professional advice.
- Pre-indictment advocacy: intervening directly with DOJ prosecutors during the grand jury or civil investigative demand phase to negotiate resolution before public charges are filed.
- Challenging “foreign principal” control: demonstrating that your actions were independent business decisions rather than activities directed or controlled by a foreign government.
Why Choose John T. Floyd Team for FARA Defense in Houston
When facing the immense resources of the federal government, you need an attorney with specialized criminal law expertise and a proven track record in federal court. John T. Floyd Team offers its expertise with:
Decades of Federal Criminal Defense Experience
John T. Floyd has successfully represented individuals and corporations against complex federal charges for over 25 years. |
Discreet, Reputation-First Representation
We understand that the mere mention of a FARA investigation can destroy corporate value and personal standing. We workaggressively behind the scenes to minimize exposure.
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Board Certified Specialist
Recognized for excellence and rigorous standards in criminal law by the Texas Board of Legal Specialization
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Comprehensive White-Collar DefenseFrom grand jury subpoenas to complex document reviews, we manage every phase of federal white-collar defense.
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FAQ
Are FARA filings public?
Yes, all FARA filings are public records. As a public-disclosure statute administered by the U.S Department of Justice (DOJ), FARA requires all registration statements, supplemental filings, political activity reports, financial disclosures, and copies of informational materials to be maintained in a publicly accessible online database maintained by the DOJ’s FARA Unit.
Who is legally considered a "Foreign Principal" under FARA?
Under 22 U.S.C. § 611(b), the term "foreign principal" is broadly defined to include:
- Foreign Governments and Political Parties: Any government of a foreign country, foreign political party, or political faction exercising de facto or de jure authority.
- Foreign Entities and Corporations: Any partnership, association, corporation, non-profit, or state-owned enterprise (SOE) organized under foreign law or maintaining its principal place of business outside the United States.
- Foreign Individuals: Any person located outside the United States, unless they are proven to be a U.S. citizen domiciled in the U.S
What are the criminal penalties for a FARA violation?
A willful violation of FARA is a federal felony punishable by up to 5 years in federal prison, fines of up to $250,000, or both. Certain administrative and disclosure violations carry civil penalties and injunctions.
Can a standard commercial business transaction trigger FARA?
Generally, routine commercial activities are protected under the commercial exemption. However, if those commercial activities overlap with influencing U.S policy, government contracts, or public opinion on behalf of a foreign entity, the DOJ may argue the exemption no longer applies.
This content is only for informational purposes and does not constitute legal advice. For specific legal questions, consult with our licensed attorneys.
Meet the Team Protecting Your Rights when Facing Assault Allegations
The John T. Floyd Law Firm is led by nationally renowned criminal defense attorney John T. Floyd, board-certified in criminal law by the Texas Board of Legal Specialization. Together with Christopher M. Choate and Mia Floyd, the firm has earned a reputation for their successful and loyal representation of clients facing assault allegations.
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