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FCPA Blog Daily News

« China Corruption Blotter (April 5, 2013) | Main | The SUSPEND Act Part III: Scalpel, not Sledgehammer »
Thursday
Apr042013

Lewis given time served for Kozeny conspiracy

The former hedge fund executive who pleaded guilty nine years ago to conspiracy to violate the FCPA was sentenced Wednesday to time he aleady served in jail.

Clayton Lewis was also ordered to pay $100 in court costs, according to Bloomberg's David Glovin.

Lewis invested and lost $126 million of Omega Advisors' money in Vicktor Kozeny's Azeri privatization scheme. Prosecutors said he invested in the deal knowing some of the money would be used to pay bribes.

He served six days in jail after his 2003 arrest.

Lewis, 48, faced up to five years in prison after his guilty plea in 2004, when he agreed to cooperate with prosecutors.

He was sentenced in federal court in New York City Wednesday by Judge Naomi Reice Buchwald.

Last month, another defendant in the case was also sentenced to time already served in jail.

Hans Bodmer, the Swiss lawyer who pleaded guilty in 2004 to helping Kozeny move money used to bribe Azeri officials faced up to ten years in prison for a money laundering conspiracy.

He provided key testimony against Frederic Bourke in a 2009 trial.

A jury convicted Bourke of conspiracy to violate the FCPA and lying to FBI agents. He was sentenced to a year and a day in prison. He's free on bail while he appeals his conviction.

Bodmer was jailed in Korea after his arrest there in 2003. He also spent time in jail in the United States following his extradition. He was released when he agreed to plead guilty and cooperate with prosecutors.

U.S. District Judge Shira Scheindlin also ordered Bodmer to pay a $500,000 fine and make restitution of about $131,000.

Kozeny has never been brought to trial in the case. Last year the U.K. Privy Council ruled he can't be extradited from the Bahamas to the Unites States to face prosecution.

Bloomberg's Glovin said Lewis now lives in Australia.

'I made a terrible decision 15 years ago,' Lewis said at his sentencing. 'This case has been a dark cloud for 10 years now.'

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