That was the question posed in this March when the DOJ filed a notice of appeal to the Second Circuit of Judge Janet Bond Arterton’s February 26th grant of Lawrence Hoskins’s motion for acquittal on the seven FCPA charges he was convicted of by the jury. (See here for the prior post. As noted in the post, Judge Arterton denied Hoskin’s motion for acquittal on the five money laundering charges he was convicted of by the jury).
As highlighted in this post, thereafter Judge Arterton significantly rejected the DOJ’s 7-9 year sentencing recommendation on the money laundering charges and sentenced Hoskins to approximately one year in federal prison. Even if the Second Circuit would overturn Judge Arterton’s acquittal (a process that would likely take a few years given that the last Second Circuit appeal in Hoskins matter took approximately two years), Judge Arterton already ruled on February 26th that Hoskins’s motion for a new trial was conditionally granted if her judgment of acquittal was later vacated or reversed on appeal.
Nevertheless, the DOJ is plowing ahead with its appeal as it filed this brief earlier this week.