It’s not too difficult to reverse engineer the basic facts of a Fifth Circuit opinion issued earlier this week.
In 2008, the DOJ criminally charged Albert Jackson Stanley (the former CEO of KBR Inc.) with conspiracy to violate the FCPA and commit mail and wire fraud in connection with lucrative liquefied natural gas projects at Bonny Island, Nigeria. Various consultants were generically mentioned in the criminal information and a subsequent criminal indictment would reveal that those consultants were Jeffery Tesler and Wojciech Chodan.
The Stanley charging document also mentioned “LNG Consultant” – a citizen of the U.S. and a citizen of Lebanon – who was also involved in the bribery scheme. This individual, referred to as “John Doe” in the Fifth Circuit opinion, filed suit in 2015 against the United States in the Southern District of Texas, asserting that the Government violated his Fifth Amendment due process rights by accusing him of a crime during the course of a criminal proceeding in which he was not named as a defendant. Doe sought a declaratory judgment that his Fifth Amendment rights had been violated, expungement of court records, and other forms of nonmonetary relief.