DOJ Responds To Zaglin Motion To Dismiss
This prior post highlighted the motion to dismiss filed by Carl Zaglin in a pending FCPA (and related) enforcement action.
In summary fashion the motion stated:
“The government has charged Defendant Carl Zaglin with conspiring to commit, and committing, alleged “bribery” pursuant to the Foreign Corrupt Practices Act. However, the Indictment fails to allege facts showing any conduct which meets the legal definition of bribery. Rather, the government alleges conduct which amounts to the payment of gratuities after an action had been performed.
The FCPA And Snyder
Previous posts here and here highlighted a motion to dismiss in an FCPA (and related) enforcement action involving Smartmatic executives including Roger Alejandro Pinate Martinez.
Part of the motion argues that the Supreme Court’s recent decision in Snyder (in which the court concluded that a statute (not the FCPA) only captures bribes not gratuities) should also apply to the FCPA.
The same argument is being made in another pending FCPA (and related) enforcement action involving Carl Zaglin. (See here for the prior post).