Foreign Evidence – Due Process Issues Raised In Hobson Enforcement Action
The FCPA’s extensive legislative history contains concerns about the due process of individuals charged with violating the Foreign Corrupt Practices Act.
Representative Bob Eckhardt (D-TX) was particularly concerned about this issue and he stated that if an individual is “brought to court in the United States and the witnesses are halfway across the world, it seems to me that he is at a disadvantage …”. Eckhardt likewise expressed concern about imposing a burden on an individual defendant “far away from the point where the evidence can be obtained.”
The FCPA’s legislative history also contains a report by The Association of the Bar of the City of New York expressing concern for the due process rights of individual defendants charged with violating the FCPA.
An Interesting FCPA Related Issue
Some interesting Foreign Corrupt Practices Act related issues are tucked away on some court docket just waiting for someone to notice.
This post concerns such a story.
As highlighted in this prior post, in 2021 Frederick Cushmore Jr. (a former executive of Pennsylvania-based coal mining company Corsa Coal Corp.) was criminally charged and pleaded guilty to a conspiracy charge to violate the FCPA’s anti-bribery provisions in connection with a bribery scheme in Egypt involving Al Nasr Company for Coke and Chemicals (“Al Nasr” or “NCCC” – an alleged Egyptian state-owned and state-controlled entity and a subsidiary of Metallurgical Industries Holding Company, which was owned and controlled by the Egyptian government).
Another Former Corsa Coal Executive Charged In Connection With Egypt Bribery Scheme
As highlighted in this prior post, in 2021 Frederick Cushmore Jr. (a former executive of Pennsylvania-based coal mining company Corsa Coal Corp.) was criminally charged and pleaded guilty to a conspiracy charge to violate the FCPA’s anti-bribery provisions in connection with a bribery scheme in Egypt involving Al Nasr Company for Coke and Chemicals (“Al Nasr” or “NCCC” – an alleged Egyptian state-owned and state-controlled entity and a subsidiary of Metallurgical Industries Holding Company, which was owned and controlled by the Egyptian government).
Today, the DOJ announced that Charles Hunter Hobson (pictured) was also criminally charged in connection with the same core conduct. According to his LinkedIn page, Hobson served in a variety of roles at Corsa Coal from 2013 to 2018. (See also here).