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Assistant Attorney General Benczkowski Speaks On A Variety Of FCPA Topics

benczkowski

Earlier this week, Assistant Attorney General Brian Benczkowski delivered this speech at the FCPA’s annual dog and pony show (also know as the American Conference Institute’s FCPA conference).

As highlighted below, in the speech Benczkowski discussed individual and corporate enforcement, the DOJ’s Kleptocracy Asset Recovery Initiative, the recent trial in the Hoskins matters and agency issues, as well as DOJ policy.

Benczkowski began by noting the “remarkable prosecution activity and case developments in the FCPA space over the past year” and stated:

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Hoskins Seeks Judgment Of Acquittal Or New Trial

Judicial Decision

As highlighted in this prior post, last month Lawrence Hoskins (a United Kingdom national and former senior vice president for the Asia region for France-based Alstom) was found guilty of Foreign Corrupt Practices Act and related offenses “for his role in a multi-year, multimillion-dollar foreign bribery scheme and a related money laundering scheme.”

The long-drawn out case has had many interesting twists and turns as Hoskins was charged in 2013 for conduct that occurred between 2002 and 2004. Moreover, as highlighted in prior posts, both the trial court and Second Circuit rejected the DOJ’s expansive jurisdiction enforcement theory against the foreign national. Nevertheless, the case was allowed to proceed to trial largely on the factual issue of whether Hoskins was “an agent of a domestic concern.” Continue Reading

Hoskins Found Guilty – Appeal Likely

Judicial Decision

As summarized in this recent post, in 2013, the DOJ criminally charged Lawrence Hoskins (a United Kingdom national and former senior vice president for the Asia region for France-based Alstom) with conspiracy to violate the FCPA’s anti-bribery provisions among other charges. The conduct at issue alleged occurred between 2002 and 2004. Six years after being charged and approximately 15 years after the alleged conduct at issue took place, the Hoskins trial began in late October.

Earlier today, the DOJ announced that Hoskins “was found guilty … for his role in a multi-year, multimillion-dollar foreign bribery scheme and a related money laundering scheme.”

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Six Years After Being Charged In Connection With Conduct That Took Place Approximately 15 Years Ago, Hoskins Finally Goes To Trial

Judicial Decision

In 2013, the DOJ criminally charged Lawrence Hoskins (a United Kingdom national and former senior vice president for the Asia region for France-based Alstom) with conspiracy to violate the FCPA’s anti-bribery provisions among other charges. (See here for the prior post). The conduct at issue alleged occurred between 2002 and 2004.

Six years after being charged and approximately 15 years after the alleged conduct at issue took place, this morning in federal court in New Haven, Connecticut the trial of Hoskins will begin.

As stated by the DO in 2013:

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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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