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In Dismissing FCPA And Related Charges – Judge Finds Bad Faith By The Government And That The “Government’s Word And Conduct Breached The Wall Of Credibility”

By Mike Koehler on June 8, 2023 in Evidence Issues, FCPA Trial, FCPA Trials, Paulo Casqueiro-Murta

As highlighted in this prior post, in September 2019 the DOJ announced the unsealing of a criminal indictment against (among others) Paulo Casqueiro Murta in connection with an alleged bribery scheme involving Venezuela’s state-owned and state-controlled energy company, PDVSA. According to the DOJ, Murta (a citizen of Portugal and Switzerland) provided financial services to various co-defendants (including former employees of PDVSA) in connection with various bribery schemes and he was charged with directly violating or assisting others in violating the FCPA and money laundering laws.

As highlighted in this prior post, in July 2022 Judge Kenneth Hoyt (S.D. Tex) granted Murta’s motion to dismiss the charges based on lack of jurisdiction, lack of due process, vagueness, and statute of limitation issues. Because of these various reasons, Judge Hoyt found it unnecessary to decide Murta’s motion to dismiss based on a violation of the Speedy Trial Act.

As highlighted in this prior post, the DOJ appealed the dismissal (along with a related dismissal of a co-defendant) and in February 2023 the Fifth Circuit reinstated FCPA and related charges against Murta (and a co-defendant) holding that – at this stage of the proceedings – the indictment was good enough and also holding that the term “agent” in the FCPA is not unconstitutional.

Judge Denies Aguilar’s Motion To Sever

By Mike Koehler on April 13, 2023 in FCPA Trial, FCPA Trials, Javier Aguilar

As highlighted here, in September 2020 the DOJ announced that Javier Aguilar (a former employee of Vitol Inc.) was criminally charged for “his alleged participation in a five-year international bribery and money laundering scheme involving corrupt payments to Ecuadorian officials.” (In December 2020, Vitol resolved a net $90 million Foreign Corrupt Practices Act enforcement action for conduct in Brazil, Ecuador and Mexico – see here).

In December 2022, the DOJ filed a superseding indictment adding FCPA and related charges in connection with an alleged Mexican bribery scheme. The DOJ alleges that Aguilar “together with others, engaged in a bribery and money laundering scheme involving the payment of bribes to Mexican officials … in exchange for, among other things, securing improper advantages for Vitol in obtaining and retain business with PEMEX and PEMEX Procurement International.

Aguilar moved to sever the Mexico related charges in the Superseding Indictment from the Ecuador related charges. In summary fashion, Aguilar argued:

Fifth Circuit’s Nullification Of Dismissal In Rafoi And Murta Reaffirms The Importance Of Preparing For FCPA Trials

By Mike Koehler on February 22, 2023 in Agent, Daisy Rafoi-Bleuler, FCPA Jurisprudence, FCPA Trial, FCPA Trials, Foreign Nationals, Guest Posts, Jurisdiction, Lawrence Hoskins, Paulo Casqueiro-Murta

A guest post from Andrew Feldman (The Feldman Firm PLLC which represents foreign nationals in FCPA cases and investigations with a focus on South America and Spain and recently represented Venezuelan nationals in an FCPA trial and is lead counsel in FCPA cases involving South American nationals including in Peru and Ecuador.).

Venezuela continues to be an attractive target for federal prosecutors investigating bribery and corruption. And, most, if not all, defendants in Venezuela FCPA cases have plead guilty opting against a trial. Months ago though, in a series of surprising opinions (here and here), a federal judge dismissed all counts in an indictment in a complex Foreign Corrupt Practices Act or “FCPA” and money laundering case involving Venezuela and Petroleos De Venezuela, SA (or PDVDSA). The defendants who benefitted from those dismissals were a Swiss national, Daisy Teresa Rafoi Bleuler, and a Swiss/Portuguese national, Paulo Jorge Da Costa Casquiero Murta.

What A Debacle: DOJ Dismisses Enforcement Action Against Baptiste and Boncy

By Mike Koehler on June 27, 2022 in FCPA Trial, FCPA Trials, Joseph Baptiste, Roger Boncy

What a debacle.

The latest in a long line of embarrassing (and stunning) DOJ setbacks in individual FCPA enforcement actions. (See here, here and here).

First the relevant background.

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).

Interesting Turn Of Events In Boncy Enforcement Action

By Mike Koehler on June 27, 2022 in Evidence Issues, FCPA Trial, FCPA Trials, Prosecutorial Misconduct

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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In Dismissing FCPA And Related Charges – Judge Finds Bad Faith By The Government And That The “Government’s Word And Conduct Breached The Wall Of Credibility”

Judge Denies Aguilar’s Motion To Sever

Fifth Circuit’s Nullification Of Dismissal In Rafoi And Murta Reaffirms The Importance Of Preparing For FCPA Trials

What A Debacle: DOJ Dismisses Enforcement Action Against Baptiste and Boncy

Interesting Turn Of Events In Boncy Enforcement Action

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