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“Enough Is Enough” As Hoskins Seeks Dismissal Of Indictment Based On Violations Of The Speedy Trial Act And His Constitutional Rights To A Fair And Speedy Trial

enough

As highlighted in prior posts here, here and here, in August 2018 the Second Circuit rejected the DOJ’s expansive jurisdictional theory of prosecution while at the same time allowing the case to proceed on the factual issue of whether Lawrence Hoskins (a U.K. national) was “an agent of a domestic concern.”

Nearly a year has since passed and with trial less than two months away lawyers for Hoskins (led by Christopher Morvillo at Clifford Chance) recently filed this motion to dismiss. In pertinent part, the brief states:

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Judge Denies Firtash Motion To Dismiss And In Doing So Disagrees With Second Circuit’s Hoskins Decision

Judicial Decision

As highlighted in this prior post, in 2014 the DOJ criminally charged various individuals alleging a wide ranging conspiracy to bribe Indian officials to secure mining licenses. Among those charged was Dmitry Firtash, a high-profile Ukrainian businessman.

As highlighted in prior posts here and here, in May 2017 Firtash (and later a co-defendant Andras Knopp) filed motions to dismiss.

Recently, in this opinion U.S. District Court Judge Rebecca Pallmeyer denied the motion to dismiss and as highlighted below, in doing so, disagreed with the Second Circuit’s August 2018 decision in U.S. v. Hoskins (see here and here for prior posts).

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Checking In On The Firtash Motion To Dismiss

firtash

As highlighted in this prior post, in April 2014 the DOJ announced the unsealing of a criminal indictment charging six individuals “with participating in an alleged international racketeering conspiracy involving bribes of state and central government officials in India to allow the mining of titanium minerals.” Among the defendants was high-profile Ukrainian businessman Dmitry Firtash.

Prior posts here and here have focused on extradition issues related to Firtash and this prior post highlighted Firtash’s May 2017 motion to dismiss.

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FCPA Flash Podcast – A Conversation With Philip Urofsky Regarding 2018 FCPA Trends And Developments

Podcast Logo

The FCPA Flash podcast provides in an audio format the same fresh, candid, and informed commentary about the Foreign Corrupt Practices Act and related topics as readers have come to expect from written posts on FCPA Professor.

This FCPA Flash episode is a conversation with Philip Urofsky (Shearman & Sterling and a former FCPA enforcement official at the DOJ). During the podcast, Urofsky elaborates on various issues such as jurisdiction over foreign actors and parent-subsidiary issues found in the firm’s always informative FCPA Digest. Urofsky also opines on what the FCPA enforcement landscape might look like if business organizations would put the government to its burden of proof in enforcement actions.

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Harvard Law Prof Is Concerned About Judicial Scrutiny Of FCPA Enforcement

bewildering

Harvard Law School Professor Matthew Stephenson has an impressive background.

Yet his Foreign Corrupt Practices Act views are, well, let’s just say interesting.

Recently, in the aftermath of the Second Circuit’s decision in U.S. v. Hoskins (see here, here and here for prior posts), Stephenson further advanced his view that judicial scrutiny of FCPA enforcement is not good because the DOJ might lose.

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