Top Menu

DOJ Files Brief In Another Second Circuit Appeal In The Hoskins Matter

appeal

Why?

That was the question posed in this March when the DOJ filed a notice of appeal to the Second Circuit of Judge Janet Bond Arterton’s February 26th grant of Lawrence Hoskins’s motion for acquittal on the seven FCPA charges he was convicted of by the jury. (See here for the prior post. As noted in the post, Judge Arterton denied Hoskin’s motion for acquittal on the five money laundering charges he was convicted of by the jury).

As highlighted in this post, thereafter Judge Arterton significantly rejected the DOJ’s 7-9 year sentencing recommendation on the money laundering charges and sentenced Hoskins to approximately one year in federal prison. Even if the Second Circuit would overturn Judge Arterton’s acquittal (a process that would likely take a few years given that the last Second Circuit appeal in Hoskins matter took approximately two years), Judge Arterton already ruled on February 26th that Hoskins’s motion for a new trial was conditionally granted if her judgment of acquittal was later vacated or reversed on appeal.

Nevertheless, the DOJ is plowing ahead with its appeal as it filed this brief earlier this week.

Continue Reading

SEC’s Recent FCPA Complaint May Reveal Benefits Of Company Compliance But Pleadings May Be Deficient

Analysis

A guest post from Arnall Golden Gregory LLP attorneys Cory Kirchert and Adriaen Morse. Previously both Kirchert and Morse were Senior Counsel in the SEC’s Enforcement Division.

*****

Introduction

The U.S. Securities and Exchange Commission (“SEC”) recently filed a case alleging violations of the anti-bribery provisions of U.S. securities laws that raises more questions than it answers. As most practitioners in this area know, press releases (or “litigation releases”) that accompany the announcement of new enforcement cases often discuss a company’s cooperation, in particular when the case came to the SEC’s attention via company self-disclosure or when the SEC wishes to signal that the company’s cooperation contributed to a low penalty or no penalty.

Continue Reading

What Others Are Saying About The Recent FCPA Aquittal Decision In Hoskins

Soapbox

This previous post highlighted the recent decision in the Hoskins matter in which the trial court judge granted Hoskins’s post-trial motion of acquittal as to all FCPA charges.

Proving once again that it is an active group of writers, FCPA Inc. had much to say about the recent decision and this post rounds up what others are saying about the decision.

Continue Reading

In A Setback For The DOJ, Judge Grants Hoskin’s Motion For Acquittal Of All FCPA Charges

Judicial Decision

This November 2019 post concerning the jury verdict in the long-running Foreign Corrupt Practices Act enforcement action against Lawrence Hoskins (the FCPA conduct Hoskins was found guilty of allegedly occurred between 2002 and 2004 and the trial took place in 2019 nearly 15 years later) noted that the jury verdict was not the final chapter in the enforcement action, just merely a development.

Indeed.

Earlier today in a setback for the Department of Justice and its FCPA theory of prosecution, Judge Janet Bond Arterton (D. Conn) granted Hoskin’s motion for acquittal on the seven FCPA charges he was convicted of by the jury (See here for the decision. The judge denied Hoskin’s motion for acquittal on the five money laundering charges he was convicted of by the jury).

Continue Reading

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:

Continue Reading

Powered by WordPress. Designed by WooThemes