DOJ Files Brief In Another Second Circuit Appeal In The Hoskins Matter
Why?
That was the question posed in this March when the DOJ filed a notice of appeal to the Second Circuit of Judge Janet Bond Arterton’s February 26th grant of Lawrence Hoskins’s motion for acquittal on the seven FCPA charges he was convicted of by the jury. (See here for the prior post. As noted in the post, Judge Arterton denied Hoskin’s motion for acquittal on the five money laundering charges he was convicted of by the jury).
As highlighted in this post, thereafter Judge Arterton significantly rejected the DOJ’s 7-9 year sentencing recommendation on the money laundering charges and sentenced Hoskins to approximately one year in federal prison. Even if the Second Circuit would overturn Judge Arterton’s acquittal (a process that would likely take a few years given that the last Second Circuit appeal in Hoskins matter took approximately two years), Judge Arterton already ruled on February 26th that Hoskins’s motion for a new trial was conditionally granted if her judgment of acquittal was later vacated or reversed on appeal.
Nevertheless, the DOJ is plowing ahead with its appeal as it filed this brief earlier this week.
Friday Roundup
Monitor costs, scrutiny alert, quotable, and survey says. It’s all here in the Friday roundup.
Monitor Costs
As highlighted in prior posts here and here, in late 2019 Ericsson resolved a Foreign Corrupt Practices Act enforcement action and the $1.06 billion settlement amount was the largest net FCPA settlement amount in history. As a condition of settlement, Ericsson was required to engage an independent compliance monitor for a three-year period.
Recently, Ericsson disclosed “a provision of SEK 0.6 billion [approximately $60 million] was made to cover future monitoring costs.” (See here for the article “FCPA Ripples.”)
Why?
Why?
That is the question I have upon learning that the Department of Justice recently filed this notice of appeal to the Second Circuit of Judge Janet Bond Arterton’s February 26th grant of Lawrence Hoskins’s motion for acquittal on the seven FCPA charges he was convicted of by the jury. (See here for the prior post. As noted in the post, Judge Arterton denied Hoskin’s motion for acquittal on the five money laundering charges he was convicted of by the jury).
As highlighted in this post, thereafter Judge Arterton significantly rejected the DOJ’s 7-9 year sentencing recommendation on the money laundering charges and sentenced Hoskins to approximately one year in federal prison.
Judge Significantly Rejects DOJ Sentencing Recommendation – Sentences Hoskins To Approximately One Year For Money Laundering Offenses, DOJ Press Release Omits Material Information
As highlighted in this previous post, on February 26th Judge Janet Bond Arterton (pictured – D. Conn) granted Lawrence Hoskins’s motion for acquittal on the seven FCPA charges he was convicted of by the jury. However, the judge denied Hoskins’s motion for acquittal on the five money laundering charges he was convicted of by the jury.
Thus, next up in the long history of the case was sentencing on the money laundering convictions.
As highlighted in this post, Judge Arterton significantly rejected the DOJ’s 7-9 year sentencing recommendation and sentenced Hoskins to approximately 1 year. (See here).
What Others Are Saying About The Recent FCPA Aquittal Decision In Hoskins
This previous post highlighted the recent decision in the Hoskins matter in which the trial court judge granted Hoskins’s post-trial motion of acquittal as to all FCPA charges.
Proving once again that it is an active group of writers, FCPA Inc. had much to say about the recent decision and this post rounds up what others are saying about the decision.