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A Focus On The Lambert Appeal


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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DOJ Files Notice Of Appeal Regarding Dismissal Of Rafoi-Bleuler Charges


As highlighted in this prior post, in 2019 Daisy Rafoi-Bleuler (a citizen of Switzerland and partner in a Swiss Wealth Management firm) was criminally charged with Foreign Corrupt Practices Act and related offenses for allegedly directing bribes to various individuals at PDVSA (Venezuela’s state-owned and state-controlled energy company).

As highlighted in this post, a judge recently dismissed the Foreign Corrupt Practices Act (and related charges) for lack of jurisdiction while also hinting that the term “agent” in the FCPA is unconstitutionally vague.

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Second Circuit Once Again Hears Appeal In U.S. V. Hoskins


To call U.S. v. Hoskins a long-drawn out Foreign Corrupt Practices Act enforcement action would be an understatement.

In 2013, the DOJ criminally charged Lawrence Hoskins (a United Kingdom national and former senior vice president for the Asia region for France-based Alstom) with conspiracy to violate the FCPA’s anti-bribery provisions among other charges. (See here for the prior post). The conduct at issue alleged occurred between 2002 and 2004.

Unlike certain of his co-defendants who pleaded guilty, Hoskins put the DOJ to its burden of proof and at the trial court level argued in a motion to dismiss that the FCPA charges should be dismissed “on the basis that [the indictment] charges a legally invalid theory that he could be criminally liable for conspiracy to violate the FCPA even if the evidence does not establish that he was subject to criminal liability as a principal, by being an “agent” of a “domestic concern.” (See here for the prior post).

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Checking In On The DOJ’s Hoskins Appeal

Judicial Decision

In 2019 Lawrence Hoskins was found guilty of FCPA and related charges in a long-running enforcement action (the FCPA conduct Hoskins was found guilty of allegedly occurred between 2002 and 2004).

As highlighted in this prior post, in early 2020 the trial court judge granted Hoskins’s motion of acquittal on all FCPA charges (the issue was highly factual and generally focused on whether Hoskins was an agent of a “domestic concern.”).

Rather than let go of this enforcement action (in which the DOJ suffered numerous other defeats including this 2018 pre-trial Second Circuit decision regarding jurisdictional issues), after the post-trial acquittal the DOJ filed another Second Circuit appeal (see here) in which it framed the issues as follows:

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Friday Roundup


Checking in on an appeal, sentence reduced, and for the reading stack. It’s all here in the Friday roundup.

Checking In On An Appeal

This recent post highlighted the DOJ’s appeal in the Lawrence Hoskins matter.

Recently Hoskins filed a brief in response and is also cross-appealing certain issues.

As to the DOJ’s appeal challenging the trial court’s decision to acquit Hoskins of all FCPA charges on the grounds that the trial evidence utterly failed to prove he acted as an agent of a domestic concern, the brief states in summary fashion:

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