A Look At Oztemel’s Second Circuit Appeal
In September 2024, Glenn Oztemel (previously employed by Arcadia Fuels Ltd. and Freepoint Commodities LLC) was found guilty at trial of FCPA and related offenses in connection with a Brazil bribery scheme. (See here for the prior post).
As stated in the DOJ release: “According to court documents and evidence presented at trial, Oztemel […] paid bribes to officials of Petróleo Brasileiro S.A. (Petrobras), the Brazilian state-owned oil and gas company, to obtain lucrative contracts for Arcadia Fuels Ltd. (Arcadia) and Freepoint Commodities LLC (Freepoint). […] With the assistance of others, Oztemel paid and caused the payment of bribes to Petrobras officials for their assistance in helping Arcadia and Freepoint to obtain and retain fuel oil contracts with Petrobras and by providing Oztemel and others with confidential information regarding Petrobras’ fuel oil business. Oztemel and his co-conspirators caused Arcadia and Freepoint to make corrupt payments — disguised as purported consulting fees and commissions — to a third party intermediary and agent, Eduardo Innecco, 74, knowing that Innecco would pay a portion of those funds to Brazilian officials, including to Houston-based Petrobras trader Rodrigo Berkowitz.”
DOJ Files Notice Of Appeal Regarding Rovirosa Dismissal
Last month, U.S. District Court Judge Kenneth Hoyt (S.D. Texas) granted a defense motion to dismiss the criminal indictment and motion for acquittal in U.S. v. Rovirosa.
For prior posts on the case, including the bizarre trial, and post trial briefs see here, here, here, here, here, and here.
Judge Hoyt’s Memorandum and Order Dismissing the Indictment and Granting an Acquittal provided the following background.
“At pretrial proceedings, during trial and post-trial, Rovirosa asserted objections, primarily concerning his Sixth Amendment right to confront government witnesses whose testimony was necessary, he argued, to a fair trial and that was, instead offered through electronic messages. His objections focused primarily on the electronic messages between himself and Avila and between Avila and several alleged co-conspirators. These offerings, he contends violate Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620 (1968), as they involved conversations between Avila and alleged co-conspirators, and crucial Supreme Court precedent that addresses the interphase between the admission of “hearsay” statements allegedly made by Avila and co-conspirators, and the Sixth Amendment.”
Judge Allows Oztemel To Remain Free On Bond Pending Appeal – “The Case Presents Several Novel Issues Of Law Which, Frankly, Should Be Addressed By The Circuit”
In September 2024, Glenn Oztemel (previously employed by Arcadia Fuels Ltd. and Freepoint Commodities LLC) was found guilty at trial of FCPA and related offenses in connection with a Brazil bribery scheme. (See here for the prior post).
As stated in the DOJ release: “According to court documents and evidence presented at trial, Oztemel […] paid bribes to officials of Petróleo Brasileiro S.A. (Petrobras), the Brazilian state-owned oil and gas company, to obtain lucrative contracts for Arcadia Fuels Ltd. (Arcadia) and Freepoint Commodities LLC (Freepoint). […] With the assistance of others, Oztemel paid and caused the payment of bribes to Petrobras officials for their assistance in helping Arcadia and Freepoint to obtain and retain fuel oil contracts with Petrobras and by providing Oztemel and others with confidential information regarding Petrobras’ fuel oil business. Oztemel and his co-conspirators caused Arcadia and Freepoint to make corrupt payments — disguised as purported consulting fees and commissions — to a third party intermediary and agent, Eduardo Innecco, 74, knowing that Innecco would pay a portion of those funds to Brazilian officials, including to Houston-based Petrobras trader Rodrigo Berkowitz.”
In December 2025, Oztemel was sentenced by Judge Kari Dooley (D. Conn) to 15 months in prison. (See here).
Second Circuit Affirms Ng’s Conviction
In April 2022, Roger Ng (a former Goldman Sachs managing director) was found guilty at trial in the E.D. of New York of Foreign Corrupt Practices Act and related charges for paying bribes to various Malaysian and Abu Dhabi officials in connection with Malaysia’s state-owned and state-controlled investment development company. (See here).
Ng was sentenced to ten years in prison and also ordered to forfeit $35.1 million.
Ng appealed his conviction to the Second Circuit.
What Does “Resident” Mean?
In 2018, the DOJ unsealed criminal charges against Raul Gorrin Belisario, a prominent Venezuelan businessman and described by the DOJ as a citizen and national of Venezuela who at various time periods relevant to the charges was a resident of the U.S. with a residence in Florida. (See here).
According to the criminal indictment, Gorrin “offered and agreed to pay bribes to Foreign Official 1 [described as a high-level official with decision-making authority and influence within the Oficina Nacional del Tesoro (ONT), the Venezuelan National Treasury] for purposes of obtaining and retaining business; specifically, influencing and inducing Foreign Official 1 to permit Gorrin to conduct foreign currency exchanges for the Venezuelan government and securing an improper advantage in acquiring the right to conduct such exchange transactions.”
In addition to the FCPA charge, Gorrin was also charged with conspiracy to commit money laundering and several substantive money laundering offenses.