Entries in Lindsey Manufacturing (56)
When Roger Clemens and FCPA defendants walk, should we only see failure by the DOJ?
The DOJ on Friday (May 25) filed a motion in the U.S. Court of Appeals for the Ninth Circuit to voluntarily dismiss its appeal in the FCPA case involving Lindsey Manufacturing Company, its CEO, Keith Lindsey, and CFO, Steve Lee.
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?
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.
For defendants, federal criminal prosecutions leave behind a scorched earth of ruined reputations, shattered health, broken families, and drained bank accounts.
The DOJ's once invincible FCPA unit isn't just losing some high profile prosecutions. It's getting clobbered. And a common theme in the setbacks is a lack of professionalism and preparation.
The DOJ ramped up FCPA enforcement over the past five years. But could its aggressive pursuit of FCPA prosecutions be hurting attempts to deter corruption? It’s possible.
Two Africa sting defendants were acquitted today in federal court in Washington, D.C.