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Friday Roundup

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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Potpourri

Potpourri

Deficient FCPA Reporting

In this New York Times article, journalists once again demonstrate their deficient FCPA knowledge. In reference to Microsoft’s possible purchase of TikTok and the potential of the U.S. Treasury receiving a portion of the sale, the article states: “In essence, the president is promising to orchestrate the kind of pay-to-play bounty that the United States prohibits companies from making to governments of other countries under the Foreign Corrupt Practices Act.”

However, the FCPA does not prohibit business organizations from providing things of value to foreign governments – just foreign officials. As stated in the U.S. government FCPA Guidance “”The FCPA prohibits payments to foreign officials, not to foreign governments.”

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Potpourri

Potpourri

Agreement in Principle

As highlighted in prior posts here and here in 2016 hedge fund Och-Ziff resolved a $412 million Foreign Corrupt Practices Act enforcement action concerning improper business practices in various African countries.

As highlighted in this 2018 post, former shareholders of Canadian mining company Africo Resources Ltd. (“Claimants”) sough restitution pursuant to the Mandatory Victims Restitution Act for losses allegedly incurred as a result of Och-Ziff’s bribery of corrupt officials in the Democratic Republic of the Congo.

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Friday Roundup

Roundup

30 minute sentence, scrutiny alert, monitors, and silly. It’s all here in the Friday roundup.

30 Minute Sentence

As highlighted here, Larry Puckett, one of several individuals associated with Alstom who was criminally charged in connection with an Indonesian bribery scheme, was recently sentenced. Puckett pleaded guilty, cooperated with the DOJ for many years, and testified for the government at the 2019 Hoskins trial.

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Judge Significantly Rejects DOJ Sentencing Recommendation – Sentences Hoskins To Approximately One Year For Money Laundering Offenses, DOJ Press Release Omits Material Information

arterton

As highlighted in this previous post, on February 26th Judge Janet Bond Arterton (pictured – D. Conn) granted Lawrence Hoskins’s motion for acquittal on the seven FCPA charges he was convicted of by the jury. However, the judge denied Hoskins’s motion for acquittal on the five money laundering charges he was convicted of by the jury.

Thus, next up in the long history of the case was sentencing on the money laundering convictions.

As highlighted in this post, Judge Arterton significantly rejected the DOJ’s 7-9 year sentencing recommendation and sentenced Hoskins to approximately 1 year. (See here).

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