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Briefing In Coburn / Schwartz Matter Reflects The Human Costs Of Being Charged With FCPA Offenses

By on May 16, 2019 in FCPA Trial, FCPA Trials, Gordon Coburn, Steven Schwartz
despair

As highlighted in this prior post, in connection with the February 2019 Foreign Corrupt Practices Act enforcement action against Cognizant Technology Solutions, the DOJ and SEC also brought related FCPA charges against Gordon Coburn (former President of the company) and Steven Schwartz (former Executive Vice President, Chief Legal and Corporate Affairs Officer).

In this recent filing, the DOJ is seeking to intervene in the SEC case and seeks a stay in that matter, including as to discovery, “in order to preserve the integrity of the prosecution of the Criminal Case, advance the public interest, and prevent the defendants from circumventing the narrow confines of criminal discovery through broad civil requests and related litigation.”

As highlighted below, Coburn and Schwartz’s briefs opposing the stay highlight what life is like upon being criminally and civilly charged for FCPA violations.

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Checking In On The Baptiste Enforcement Action

By on April 29, 2019 in FCPA Trial, FCPA Trials, Joseph Baptiste, Undercover Investigations
Baptiste

As highlighted in this prior post, in August 2017, in connection with an undercover sting, the DOJ announced that Joseph Baptiste (pictured – a retired U.S. Army Colonel, practicing dentist, and former founder/president of a Maryland-based Haitian focused non-profit) was criminally charged “for his alleged role in a foreign bribery and money laundering scheme in connection with a planned $84 million port development project in Haiti.”

Baptiste’s trial is scheduled to begin in early June and this post checks in on the enforcement action.

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Counterintelligence Investigation At Issue In Lambert FCPA Enforcement Action

By on April 22, 2019 in FCPA Trial, FCPA Trials, Mark Lambert
counterintelligence

As highlighted in this prior post, in January 2018 the DOJ announced that Mark Lambert (a former co-president of Transport Logistics International) was criminally charged with FCPA and related violations concerning the same underlying bribery scheme alleged in prior enforcement actions involving Vadim Mikerin (an alleged Russian “foreign official”) and Daren Condrey.

This recent motion filed by Lambert to compel government disclosure of evidence highlights a counterintelligence investigation allegedly at issue in the enforcement action.

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Boncy Seeks Dismissal Of Indictment – Alleges That Government Destroyed Exculpatory Evidence

By on April 17, 2019 in Cultural Issues, FCPA Trial, FCPA Trials, Joseph Baptiste, Prosecutorial Misconduct, Roger Boncy
wow

As highlighted towards the end of this post, judicial findings of prosecutorial misconduct and other mishaps have been an all too frequent feature in contested individual FCPA enforcement actions.

In this recent filing, Richard Boncy (an individual added to the Haiti port project enforcement action in October 2018) moves to dismiss the indictment “on the basis that the Government has destroyed and otherwise failed to preserve evidence that would show he is innocent of all charges in indictment based on an alleged bribery scheme.”

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Ho Convicted Of FCPA And Related Offenses

By on December 6, 2018 in Chad, Charitable Contributions, Chi Ping Patrick Ho, FCPA Trial, FCPA Trials, Financial Services Industry, Joint Venture, Oil and Gas Industry, Political Contributions, Uganda, Unsuccessful Bribery Schemes
Ho

As highlighted in this previous post, in November 2017 Chi Ping Patrick Ho (pictured) and Cheikh Gadio were criminally charged with conspiring to violate the Foreign Corrupt Practices Act, violating the FCPA, conspiring to commit international money laundering, and committing international money laundering in connection with alleged bribery schemes in Chad and Uganda on behalf of China Energy Fund Committee, an entity funded by CEFC China Energy Company Ltd.

In July 2018, Ho’s motion to dismiss was denied (see here), in September 2018 the DOJ quietly dismissed charges against Gadio (see here), and in late November Ho’s trial began with Gadio as a primary DOJ witness.

Yesterday, the DOJ announced that after a one week trial a federal jury found Ho guilty of one count of conspiring to violate the FCPA, four counts of violating the FCPA, one count of conspiring to commit international money laundering and one count of committing international money laundering.

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