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

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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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DOJ Adds Additional Defendant To Haiti Port Project Case

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As highlighted here, in August 2017 (in connection with an undercover sting) the DOJ announced criminal charges against Joseph Baptiste (a retired U.S. Army Colonel, practicing dentist, and former founder/president of a Maryland-based Haitian focused non-profit) “for his alleged role in a foreign bribery and money laundering scheme in connection with a planned $84 million port development project in Haiti” in an area known as Mole Saint Nicolas.

With Baptiste’s trial set to begin in early December, the DOJ returned to the same alleged core conduct by announcing additional criminal charges against Roger Boncy (pictured – 74, a dual U.S. and Haitian citizen who resides in Madrid, Spain).

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Friday Roundup

Roundup

Interesting, more charges, sentenced, Telia-related, scrutiny alert, ISO-37001 related, across the pond, so true, odd, it can work, and for the reading stack. It’s all here in the Friday roundup.

Interesting

According to this Global Investigations Review report based on documents received through the FOIA process, the DOJ approved $711,800 to spend on Hui Chen’s former compliance consultant position over two years. According to the report, Chen’s salary at the DOJ was greater than the DOJ criminal division chief, the deputy attorney general and the attorney general.

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