When Roger Clemens and FCPA defendants walk, should we only see failure by the DOJ?
Entries in Smith and Wesson (64)
The Justice Department today filed a motion to dismiss the indictments against the three Africa sting defendants who pleaded guilty.
For defendants, federal criminal prosecutions leave behind a scorched earth of ruined reputations, shattered health, broken families, and drained bank accounts.
A New York Times story about the collapse of Africa sting prosecution quoted me as saying "that in settlements without a trial, 'the power of Justice is unchecked.' Even more, . . . this lack of oversight 'gives rise to evidence of corruption in our anticorruption laws, and that is the height of irony.'"
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.
Paul Calli, left, of Carlton Fields represented Stephen Giordanella. Judge Richard Leon acquitted him last month. After the DOJ today dropped the remaining indictments, Calli said:
The government today asked Judge Richard Leon to dismiss with prejudice all remaining indictments in the biggest FCPA case in history against individuals. It said continuing the prosecution would be a waste of government resources.
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.
The boss of the DOJ's criminal division and the U.S. Attorney for the District of Columbia asked Judge Richard Leon Tuesday for time to consider 'whether to continue to go forward' with the Africa sting case.
The lawyer for one of the acquitted Africa sting defendants said the DOJ's entire case is a 'made-up fantasy.'