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Individual FCPA Prosecutions – The Human Element

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As highlighted in this post, Judge Kenneth Hoyt (S.D. Tex) recently granted Paulo Casqueiro-Murta’s motion to dismiss Foreign Corrupt Practices Act (and related charges).

Judge Hoyt found, not just one, not just two, not just three, but four separate legal reasons for granting the dismissal. Moreover, because of these various reasons, Judge Hoyt found it unnecessary to decide Murta’s motion to dismiss based on a violation of the Speedy Trial Act.

In other words, it was a resounding victory for Murta.

However, victories as a defendant in a criminal case come at a high cost.

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Court Dismisses FCPA Charges Based On Lack Of Jurisdiction, Lack Of Due Process, Vagueness, And Statute Of Limitation Issues

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As highlighted in this prior post in September 2019 the DOJ announced the unsealing of a criminal indictment against (among others) Paulo Casqueiro-Murta in connection with an alleged bribery scheme involving Venezuela’s state-owned and state-controlled energy company, PDVSA.

According to the DOJ, Murta (a citizen of Portugal and Switzerland) provided financial services to various co-defendants (including former employees of PDVSA) in connection with various bribery schemes and he was charged with directly violating or assisting others in violating the FCPA and money laundering laws.

Recently, Judge Kenneth Hoyt (S.D. Tex) granted Murta’s motion to dismiss the charges based on lack of jurisdiction, lack of due process, vagueness, and statute of limitation issues.

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