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Jury Foreman in the FCPA Sting Case Speaks

For those readers of the blog who are litigators or follow litigation issues, today’s post from Professor Mike Koehler’s FCPA Professor Blog has a real treat: a guest post from the foreman of the recently concluded trial in the FCPA Sting Case. The foreman provides a detailed description of the issues considered by the jurors … Continue Reading

Judge Dismisses FCPA Charges Against John O’Shea

On Monday, January 16, 2012, Judge Lynn Hughes granted defendant John O’Shea’s motion for acquittal in the FCPA case, dismissing the FCPA charges case against him. According to a Press Release from defense counsel, Judge Lynn Hughes "found that the Government’s chief witness, … could not tie Mr. O’Shea to the alleged crimes. The judge found … Continue Reading

The FCPA Sting Case – Judge Leon Denies Motion For Mistrial, In Effect Ruling That Evidence Admitted Under the Now-Dismissed Conspiracy Count Did Not Cause Sufficient Prejudice to Merit a Mistrial

On Monday, January 9, 2012, Judge Richard Leon, who had already dismissed the central conspiracy count against six defendants in the FCPA Sting Case, was faced with an interesting question: if the conspiracy count was dismissed for insufficient evidence, should the trial continue when much of the evidence the Government has offered was based on … Continue Reading

Judge Denies Motion to Dismiss Based on Definition of Foreign Official in O’Shea FCPA Case

On January 3, 2012, Judge Lynn Hughes denied defendant John O’Shea’s Motion to Dismiss the Indictment against him. Mr. O’Shea’s Motion, which was filed in March 2011, argued that the Indictment failed to alleged that he bribed a "foreign official" because it only alleged that he bribed employees of a state-owned entity. Judge Hughes’ decision … Continue Reading

The Justice Department and the SEC Bring Charges Against Former Siemens Employees and Agents For FCPA Violations

On Tuesday, December 13, 2011, the Department of Justice and the SEC brought charges against a group of former employees and agents of Siemens AG for FCPA violations based on an alleged decade-long scheme to bribe senior Argentine government officials to secure, implement and enforce a $1 billion contract with the Argentine government to produce … Continue Reading

A Look at Judge Matz’s Final Order Dismissing the Convictions in the Lindsey Manufacturing FCPA Case For Prosecutorial Misconduct

On December 1, 2011, Judge A. Howard Matz entered an order granting the motion to dismiss filed by Lindsey Manufacturing Company, Keith Lindsey, Steve Lee in the criminal FCPA case against them. As discussed here, the Court announced its intention to do so at a hearing on November 29, 2011. In its Order, the Court … Continue Reading

Judge Matz To Dismiss Convictions in Lindsey Manufacturing FCPA Case For Prosecutorial Misconduct

At a hearing on November 29, 2011, Judge A. Howard Matz stated that he would be granting the motion to dismiss for prosecutorial misconduct filed by Lindsey Manufacturing Company (a privately-held company), its President Keith Lindsey, and its Vice President Steve Lee in the criminal FCPA case against them. Judge Matz prepared a tentative order … Continue Reading

Bloomberg Markets Magazine Details Illicit Payments By Koch Industries, Inc., Who May Become Focus of Occupy Wall Street and Occupy DC Protests

A report on Monday, October 3 from Bloomberg Markets Magazine detailed a years-long scheme by Koch Industries, Inc. to make improper payments to win contracts in six countries – payments which the company admitted "constitute violations of criminal law." The article states that the Justice Department would not confirm or deny the existence of any … Continue Reading

Prosecutors Drop Appeal of Short Sentence in Green FCPA Case

On August 23, 2011, the Government filed a Motion with Ninth Circuit Court of Appeals stating that it was dropping its appeal of the decision of District Court Judge George Wu to sentence Gerald and Patricia Green to only six months in prison following their conviction on FCPA charges. The Government had originally requested that … Continue Reading

FCPA Sting Case Moves Along: Government Files Its Opposition to the Post-Trial Rule 29 Motion and Court Sets Schedule For Four Eight-Week Trials in Next Ten Months

In the FCPA Sting Case, U.S. v. Goncalves, No. 09-cr-00335 (D.D.C.), which resulted in a mistrial last month for four of the 22 defendants (as discussed here), the Court has set a new schedule for the defendants, with four separate trials scheduled to begin between September 22, 2011 now and mid-May 2012. In the mean … Continue Reading

Government’s Vigorous Prosecution of FCPA Violators Continues When Jury Convicts Two Telecommunications Executives for Violations Relating to Haiti

On Friday, August 5, 2011, a Florida jury convicted Joel Esquenazi and Carlos Rodriguez, former executives of Terra Telecommunications Corporation, for their roles in a conspiracy to violate the FCPA and commit money laundering. U.S. v. Esquenazi, Case No. 09-cr-21010 (S.D. Fla. Filed Dec. 4, 2009), The convictions were the latest event in Government’s aggressive … Continue Reading

Porter Wright E-Book on FCPA Developments Now Available

The Federal Securities Law Blog is pleased to announce its first e-Book: The "New Era" of FCPA Enforcement and How Defendants Are Fighting Back. The e-Book discusses recent developments in three FCPA cases being litigated: the Lindsey Manufacturing case, the Carson case (both pending in California) and the "Shot Show" or FCPA Sting case (tried … Continue Reading

Judge in Carson Litigation Rules That the Question of Whether an Employee of a State-Owned Company is a “Foreign Official” is a Question for the Jury

On Wednesday, May 18, Judge James Selna in California became the latest Judge to rule on the issue of whether the FCPA extended to payments made to employees of foreign state-owned companies. Judge Selna denied defendants’ motion to dismiss in U.S. v. Carson, holding that "the question of whether state-owned companies qualify as instrumentalities under … Continue Reading

For the First Time, The SEC Rewards Cooperation By Entering Into a Deferred Prosecution Agreement

In January 2010, the SEC announced "a series of measures to further strengthen its enforcement program by encouraging greater cooperation from individuals and companies in the agency’s investigations and enforcement actions." One of those measures included the use of Deferred Prosecution Agreements ("DPA"). On Tuesday May 17, the SEC announced that it has entered into … Continue Reading

UPDATE – Lindsey Manufacturing Seeks Dismissal of the Government’s FCPA Case, Claiming Prosecutorial Misconduct

UPDATED on May 16, 2011 — As mentioned previously, Lindsey Manufacturing Company (a privately-held company) was the first corporate defendant to be convicted after trial of FCPA charges (for conspiracy to violate the FCPA and five counts of FCPA violations based on payments to employees of the Comisión Federal de Electricidad ("CFE"), an electric utility company … Continue Reading