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In Post-Trial Motions, Baptiste Seeks Judgment Of Acquittal Or New Trial Based On Ineffective Assistance Of Counsel

Baptiste

As highlighted in this previous post, in 2017 (in connection with an undercover string) the DOJ unsealed criminal charges against Joseph Baptiste (a retired U.S. Army Colonel, practicing dentist, and founder / president of a Maryland-based Haitian focused non-profit) for alleged Haitian bribery.

In the original charging document, it was noted as follows:

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The Number Of FCPA Trials This Fall Is A Coincidence

coindence2

Nowadays, it seems, things just can’t happen. Rather when things happen, it must be a sign of something else, causation is assumed, and a supposed new trend with big picture implications is unfolding.

For instance, this Fall there are four Foreign Corrupt Practices Act individual trials scheduled.

This is unusual.

But as highlighted below, it is likely a coincidence and not, as some commentators stated in this Law360 article, a sign that the DOJ’s FCPA Unit is “coming into its own” or that an “increase in prosecutors and agents is behind the uptick in cases.”

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Judge Denies Hoskins’ Motion To Dismiss Based On Violations Of Speedy Trial Act Rights And Fifth And Sixth Amendment Rights

Denied

Previous posts here and here highlighted the motion to dismiss filed by Lawrence Hoskins (a U.K. national criminally charged with FCPA offenses in 2013) based on violations of his Speedy Trial Act rights and his Fifth and Sixth Amendment rights.

Earlier this week, Judge Janet Bond Arterton (D. Conn.) denied the motion to dismiss paving the way for Hoskins’ trial to begin on October 16th.

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Jury Convicts Baptiste And Boncy

Judicial Decision

As highlighted in this previous post, in 2017 (in connection with an undercover string) the DOJ unsealed criminal charges against Joseph Baptiste (a retired U.S. Army Colonel, practicing dentist, and founder / president of a Maryland-based Haitian focused non-profit) for alleged Haitian bribery.

As highlighted in this previous post, in 2018 the DOJ added criminal charges against Roger Boncy in connection with the same core conduct.

Unlike most individual FCPA defendants, Baptiste and Boncy put the DOJ to its burden of proof. As indicated in this recent DOJ release after a two-week jury trial, a federal jury in Boston found Baptiste guilty of one count of violating the Travel Act and one count of conspiracy to commit money laundering and Boncy guilty of one count of conspiracy to violate the FCPA and the Travel Act.

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Briefing In Coburn / Schwartz Matter Reflects The Human Costs Of Being Charged With FCPA Offenses

despair

As highlighted in this prior post, in connection with the February 2019 Foreign Corrupt Practices Act enforcement action against Cognizant Technology Solutions, the DOJ and SEC also brought related FCPA charges against Gordon Coburn (former President of the company) and Steven Schwartz (former Executive Vice President, Chief Legal and Corporate Affairs Officer).

In this recent filing, the DOJ is seeking to intervene in the SEC case and seeks a stay in that matter, including as to discovery, “in order to preserve the integrity of the prosecution of the Criminal Case, advance the public interest, and prevent the defendants from circumventing the narrow confines of criminal discovery through broad civil requests and related litigation.”

As highlighted below, Coburn and Schwartz’s briefs opposing the stay highlight what life is like upon being criminally and civilly charged for FCPA violations.

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