The U.S. Court of Appeals for the 11th Circuit will hear oral arguments Friday from two defendants convicted in the Haiti telco case. They're challenging the DOJ's interpretation of ‘foreign official’ under the Foreign Corrupt Practices Act.
Entries in Joel Esqenazi (8)
The appeal by Carlos Rodriguez and Joel Esquenazi of their FCPA convictions is now with the 11th Circuit Court of Appeals.
As Mike Koehler noted in his post today (and in prior coverage), 'this is a historic appeal, the first time in the FCPA’s history that “foreign official” will be squarely before an appellate court.'
A former official at state-owned Telecommunications D’Haiti S.A.M. was sentenced Friday to a year and a day in prison.
Prosecutors asked for a reduction in Robert Antoine's sentence after he testified against other defendants in the sprawling Haiti telco case.
Without any appellate record to guide them on the issue of 'foreign officials,' should Joel Esquenazi and Carlos Rodriguez have gone to trial? Or should they have plea-bargained for shorter sentences?
Jean Rene Duperval, a Haitian official at the center of the DOJ's sprawling Haiti Telco prosecution, was sentenced Monday to nine years in prison for money laundering.
Trial courts have decided 'foreign official' challenges before. We already looked at the Carson case. This time, it's the Lindsey prosecution -- when another federal judge issued a written ruling on the meaning of 'foreign official.'
In U.S. v. Carson, the defendants submitted a sixty-one page argument on the issue of who's a 'foreign official,' along with a declaration by Mike Koehler about the FCPA's legislative history that stretched to one hundred fifty pages.