A correspondent in LA sends the following dispatch from the courtroom about yesterday's action in the Lindsey case. . . .
Entries in Lindsey Manufacturing (58)
The DOJ suffered what could be a key defeat yesterday in the battle over who's a "foreign official" under the FCPA, when the judge blocked submission of a State Department declaration
With the DOJ’s brief in the Lindsey Manufacturing case as a guide, defining who is or is not a foreign official in the eyes of the DOJ just became clearer.
We finally have an opportunity to resolve what many commentators suggest is an intractable issue -- the definition of “instrumentality thereof” as used in the FCPA, and as applied to foreign state-owned-enterprises.
Three more defendants in a high profile FCPA prosecution in federal court in California filed a motion yesterday to dismiss the indictment against them on the grounds that the FCPA doesn't apply to officers and employees of state-owned entities.
Jan Handzlik, who's defending Lindsey Manufacturing and Dr. Keith Lindsey in their upcoming LA trial, answered some questions for us about what's been happening.
Last week, the DOJ tried to open what it said was a "new" investigation before a grand jury, by calling five witnesses to testify today, including four current Lindsey employees and the wife of defendant Keith Lindsey.
We're not sure, metaphysically, how blessings are turned into curses. But we imagine Angela Aguilar must be asking herself that question a lot these days.
An FBI affidavit says Enrique Aguilar made a deal to buy a new car. His wife Angela then wrote a check on February 16, 2007 to Ferrari of Beverly Hills for $297,500. Then, the government says, they gave the car to an official from CFE, the Mexican state-owned electric utility.
The DOJ on Thursday said California-based Lindsey Manufacturing Company and two its executives were indicted for their alleged roles in a conspiracy to bribe officials at Mexico's state-owned utility, the Comisión Federal de Electricidad (CFE).