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Fourth Circuit Affirms Lambert Convictions

lambert

As highlighted in this prior post, in January 2018 the DOJ announced that Mark Lambert (pictured – a former co-president of Transport Logistics International) was criminally charged with Foreign Corrupt Practices Act and related violations for his alleged “role in a scheme to bribe an official at a subsidiary of Russia’s State Atomic Energy Corporation.” The enforcement action concerned the same core conduct at issue in the prior enforcement actions involving Vadim Mikerin (an alleged Russian “foreign official”) and Daren Condrey (See here and here for prior posts).

As highlighted in this prior post, in November 2019 a jury found Lambert guilty of four counts of violating the Foreign Corrupt Practices Act (FCPA), two counts of wire fraud, and one count of conspiracy to violate the FCPA and commit wire fraud. (The jury returned not guilty verdicts on three FCPA counts and one count of money laundering).

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Interesting Turn Of Events In Boncy Enforcement Action

Surprise

In 2017 (in connection with an undercover string) the DOJ unsealed criminal charges against Joseph Baptiste (a retired U.S. Army Colonel, practicing dentist, and founder / president of a Maryland-based Haitian focused non-profit) for alleged Haitian bribery.  In 2018 the DOJ added criminal charges against Roger Boncy in connection with the same core conduct. (See here).

Unlike most individual FCPA defendants, Baptiste and Boncy put the DOJ to its burden of proof and in June 2019, after a two-week trial, a federal jury in Boston found Baptiste guilty of one count of violating the Travel Act and one count of conspiracy to commit money laundering and Boncy guilty of one count of conspiracy to violate the FCPA and the Travel Act. (See here).

Thereafter, in post-trial motions the defendants sought an acquittal or a new trial based on ineffective assistance of counsel. (See here). In March 2020, U.S. District Court Judge Allison Burroughs (D. Mass.) granted Baptiste and Boncy a new trial based on ineffective assistance of counsel. (See here).

In August 2021, the First Circuit affirmed a new trial for the defendants. (See here).

That was a rather long introduction to set the stage for the re-trial of Baptiste and Boncy which is scheduled to begin in July.

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