Advice Of Counsel
As highlighted in this prior post, earlier this week Carl Zaglin was found guilty at trial in connection with a bribery scheme involving Honduran officials.
One of the issues at trial was whether Zaglin – in engaging in the conduct – was following the advice of counsel.
The jury instructions stated: “Good-faith reliance upon advice of counsel is a complete defense to the charges in the indictment because the Government must prove beyond a reasonable doubt that the Defendant acted with intent to commit the offense. Evidence that the Defendant in good-faith followed the advice of counsel would be inconsistent with such an unlawful intent. Unlawful intent has not been proved if the Defendant, before acting: made a full and complete good-faith report of all material facts to an attorney he or she considered competent; received the attorney’s advice as to the specific course of conduct that was followed; and reasonably relied upon that advice in good-faith.”