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Boncy Seeks Dismissal Of Indictment – Alleges That Government Destroyed Exculpatory Evidence


As highlighted towards the end of this post, judicial findings of prosecutorial misconduct and other mishaps have been an all too frequent feature in contested individual FCPA enforcement actions.

In this recent filing, Richard Boncy (an individual added to the Haiti port project enforcement action in October 2018) moves to dismiss the indictment “on the basis that the Government has destroyed and otherwise failed to preserve evidence that would show he is innocent of all charges in indictment based on an alleged bribery scheme.”

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Prosecutorial Misconduct / Mishaps In FCPA Cases

prosecutorial misconduct

Prosecutorial misconduct has received much attention lately.

Recognizing that the term itself is not crystal clear, this post highlights several instances of prosecutorial misconduct, or at the very least prosecutorial mishaps, in FCPA contested proceedings.

While the examples highlighted below may not seem numerous, keep in mind that DOJ corporate FCPA enforcement actions rarely result in related criminal charges against individuals. In other words, it is not often that the described dynamic even has a chance of playing out.

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