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Friday Roundup

By Mike Koehler on April 10, 2020 in CHS, CHS Inc., Embraer, FCPA Appeals, Foreign Official, Foreign Officials, Joseph Baptiste, Monitor, Roger Boncy

Not true, DOJ appeal, scrutiny alert, and monitor extended. It’s all here in the Friday roundup.

Not True

In this recent Trace International sponsored podcast about the 2014 Esquenazi decision, Bill Steinmen (Senior Editor at the FCPA Blog) asserts that the FCPA’s “legislative history doesn’t really shed any light” on the meaning of “instrumentality” in the FCPA.

Not true.

There is much information in the FCPA’s legislative history relevant to the issue of whether Congress intended the phrase “instrumentality” in the “foreign official” definition to cover state-owned or state-controlled enterprises (“SOEs”).

Judge Orders New Trial For Baptiste And Boncy Based On Ineffective Assistance Of Counsel

By Mike Koehler on March 12, 2020 in FCPA Trial, FCPA Trials, Joseph Baptiste, Roger Boncy

As highlighted in this previous post, 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. As highlighted in this previous post, in 2018 the DOJ added criminal charges against Roger Boncy in connection with the same core conduct.

Unlike most individual FCPA defendants, Baptiste and Boncy put the DOJ to its burden of proof. As highlighted in this previous post, in June 2019, after a two-week jury 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. Thereafter, in post-trial motions the defendants sought an acquittal or a new trial based on ineffective assistance of counsel. (See here).

Earlier today, in this decision, U.S. District Court Judge Allison Burroughs (D. Mass.) granted Baptiste and Boncy a new trial.

In Post-Trial Motions, Baptiste Seeks Judgment Of Acquittal Or New Trial Based On Ineffective Assistance Of Counsel

By Mike Koehler on September 4, 2019 in Causation, Corrupt Intent, FCPA Trial, FCPA Trials, Joseph Baptiste

In the original charging document, it was noted as follows:

Jury Convicts Baptiste And Boncy

By Mike Koehler on June 24, 2019 in FCPA Trial, FCPA Trials, Haiti, Joseph Baptiste, Roger Boncy, Undercover Investigations

As highlighted in this previous post, in 2018 the DOJ added criminal charges against Roger Boncy in connection with the same core conduct.

Unlike most individual FCPA defendants, Baptiste and Boncy put the DOJ to its burden of proof. As indicated in this recent DOJ release after a two-week jury 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.

Checking In On The Baptiste Enforcement Action

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

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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Friday Roundup

Judge Orders New Trial For Baptiste And Boncy Based On Ineffective Assistance Of Counsel

In Post-Trial Motions, Baptiste Seeks Judgment Of Acquittal Or New Trial Based On Ineffective Assistance Of Counsel

Jury Convicts Baptiste And Boncy

Checking In On The Baptiste Enforcement Action

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