A Look At The DOJ’s Trial Brief In The Zaglin Action
With trial set to begin on September 2nd in an FCPA enforcement action against Carl Zaglin, the DOJ recently filed its trial brief.
The brief begins:
“On November 28, 2023, a grand jury in this District returned a five-count Indictment wherein Zaglin was charged with conspiracy to violate the Foreign Corrupt Practices Act (FCPA), in violation of 18 U.S.C. § 371 (Count 1); a substantive violation of the FCPA, in violation of 15 U.S.C. § 78dd-2 (Count 2); and conspiracy to commit money laundering, in violation of 18 U.S.C. § 1956(h) (Count 3).”
A Look At The DOJ’s Motion In Limine In the Zaglin Matter
In late 2023, the DOJ announced the unsealing of an indictment criminally charging: Carl Alan Zaglin (the owner of a Georgia-based manufacturer of law enforcement uniforms and accessories); Francisco Roberto Cosenza Centeno (former Executive Director of the Comité Técnico del Fideicomiso para la Administración del Fondo de Protección y Seguridad Poblacional (TASA) a Honduran governmental entity that procured goods for the Honduran National Police); and Aldo Nestor Marchena (a dual citizen of the U.S. and Peru) for their alleged participation in a scheme to pay and conceal bribes to Honduran government officials to secure contracts to provide uniforms and other goods to the Honduran National Police. (See here for the prior post).
The indictment contained allegations regarding: (i) a $4.8 million uniform contract with TASA; (ii) a $5.6 million uniform contract with TASA; (iii) a $480,000 contract for tear gas launchers and ammunition; and (iv) a bid for a $7.5 million uniform contract with TASA.
Trial is scheduled to begin on September 2nd and this post takes a look at the DOJ’s recently filed motion in limine.
DOJ Responds To Zaglin Motion To Dismiss
This prior post highlighted the motion to dismiss filed by Carl Zaglin in a pending FCPA (and related) enforcement action.
In summary fashion the motion stated:
“The government has charged Defendant Carl Zaglin with conspiring to commit, and committing, alleged “bribery” pursuant to the Foreign Corrupt Practices Act. However, the Indictment fails to allege facts showing any conduct which meets the legal definition of bribery. Rather, the government alleges conduct which amounts to the payment of gratuities after an action had been performed.
FCPA Defendant Moves To Dismiss Indictment
In late 2023, the DOJ announced the unsealing of an indictment criminally charging: Carl Alan Zaglin (the owner of a Georgia-based manufacturer of law enforcement uniforms and accessories); Francisco Roberto Cosenza Centeno (former Executive Director of the Comité Técnico del Fideicomiso para la Administración del Fondo de Protección y Seguridad Poblacional (TASA) a Honduran governmental entity that procured goods for the Honduran National Police); and Aldo Nestor Marchena (a dual citizen of the U.S. and Peru) for their alleged participation in a scheme to pay and conceal bribes to Honduran government officials to secure contracts to provide uniforms and other goods to the Honduran National Police. (See here for the prior post).
The indictment contained allegations regarding: (i) a $4.8 million uniform contract with TASA; (ii) a $5.6 million uniform contract with TASA; (iii) a $480,000 contract for tear gas launchers and ammunition; and (iv) a bid for a $7.5 million uniform contract with TASA.
Judge Moves FCPA Trial To August
In late 2023, the DOJ announced the unsealing of an indictment criminally charging: Carl Alan Zaglin (the owner of a Georgia-based manufacturer of law enforcement uniforms and accessories); Francisco Roberto Cosenza Centeno (former Executive Director of the Comité Técnico del Fideicomiso para la Administración del Fondo de Protección y Seguridad Poblacional (TASA) a Honduran governmental entity that procured goods for the Honduran National Police); and Aldo Nestor Marchena (a dual citizen of the U.S. and Peru) for their alleged participation in a scheme to pay and conceal bribes to Honduran government officials to secure contracts to provide uniforms and other goods to the Honduran National Police. (See here for the prior post).
The indictment contained allegations regarding: (i) a $4.8 million uniform contract with TASA; (ii) a $5.6 million uniform contract with TASA; (iii) a $480,000 contract for tear gas launchers and ammunition; and (iv) a bid for a $7.5 million uniform contract with TASA.