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« U.S. Investigating Indonesia Bribes | Main | Journalists Killed For Covering Graft »
Monday
May162011

How Much Prison Time For Lindsey and Lee?

They're facing up to 30 years behind bars.

The government isn't likely to ask for jail terms of that length. But prosecutors will want long sentences -- probably more like 10 or 12 years.

It will be up to Judge Matz to decide how long Keith Lindsey and Steve K. Lee will serve.

Lindsey, 66, and Lee, 60, were convicted last week of one count of conspiracy to violate the FCPA and five counts of violating the FCPA. Each count is punishable by a maximum of five years in prison.

Sentencing is set for September 16.

How have other FCPA defendants done? Some judges have shown a lot of sympathy.

Bobby Jay Elkin Jr., a former manager in Kyrgyzstan for a tobacco company, avoided prison after pleading guilty last year to one count of conspiracy to violate the FCPA. The government had asked for a 38-month prison term. The judge thought Elkin, 50, was a hero for protecting his company's people during a civil uprising.

Leo Winston Smith received another short sentence. He pleaded guilty in 2009 to bribing an official from the U.K. Ministry of Defense. On an FCPA conspiracy count and tax-related charge, he received just six months in prison followed by six months of home confinement. The government had asked for a 37-month sentence. He's 76 and had suffered three heart attacks before being sentenced.

Gerald Green and his wife Patricia each got just six months in prison after an LA jury found them guilty of conspiring to violate the FCPA, nine counts of violating the FCPA, and seven counts of money laundering. Patricia Green was also found guilty on two counts of falsely subscribing to a U.S. income tax return. The government wanted them each to serve ten years in prison. Gerald Green was 78 when sentenced last year, and suffering from emphysema.

On the other end of the range, here are the longest sentences in FCPA cases. Charles Jumet and Jack Stanley may serve less time than shown in return for their cooperation with the government.

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Chart courtesy of Michael Volkov of Mayer Brown LLP in Washington, D.C.

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