DOJ Still Unsure Of Appeal In Rovirosa Matter
In mid-April, Judge Kenneth Hoyt (S.D. Texas) granted post-trial motions by Ramon Alexandro Rovirosa Martinez and ordered that he be released from prison. (See here).
Shortly thereafter, on May 8th, the DOJ filed a notice of appeal in the Fifth Circuit. (See here).
Earlier this summer, the DOJ requested a 30-day extension of time in which to file its opening brief stating that the “the Office of the Solicitor General has not yet determined whether or on what grounds to allow a government appeal to proceed in this case.”
The DOJ is still unsure of an actual appeal.
DOJ Unsure On Actual Appeal In Rovirosa Matter
In mid-April, Judge Kenneth Hoyt (S.D. Texas) granted post-trial motions by Ramon Alexandro Rovirosa Martinez and ordered that he be released from prison. (See here).
Shortly thereafter, on May 8th, the DOJ filed a notice of appeal in the Fifth Circuit. (See here).
In a recent filing, the DOJ has indicated that it is unsure whether there will be an appeal, and if so, on what grounds.
A DOJ attorney with the Criminal Appellate Section stated:
An Interesting Take
Law firm client alerts on Foreign Corrupt Practices Act topics are usually rather basic – the so-called “who, what, where” regarding the development.
Which makes this recent Morrison & Foerster alert which addressed the recent dismissal in U.S. v. Rovirosa a bit unusual.
First, some background.
In December 2025, Ramon Alexandro Rovirosa Martinez was found guilty after a bizarre trial of various charges in connection with an alleged Mexican bribery scheme. (See here for the prior post).
As reported here, the trial featured no fact witnesses which led the judge to block the government from introducing most of its evidence until their closing argument.
DOJ Files Notice Of Appeal Regarding Rovirosa Dismissal
Last month, U.S. District Court Judge Kenneth Hoyt (S.D. Texas) granted a defense motion to dismiss the criminal indictment and motion for acquittal in U.S. v. Rovirosa.
For prior posts on the case, including the bizarre trial, and post trial briefs see here, here, here, here, here, and here.
Judge Hoyt’s Memorandum and Order Dismissing the Indictment and Granting an Acquittal provided the following background.
“At pretrial proceedings, during trial and post-trial, Rovirosa asserted objections, primarily concerning his Sixth Amendment right to confront government witnesses whose testimony was necessary, he argued, to a fair trial and that was, instead offered through electronic messages. His objections focused primarily on the electronic messages between himself and Avila and between Avila and several alleged co-conspirators. These offerings, he contends violate Bruton v. United States, 391 U.S. 123, 88 S.Ct. 1620 (1968), as they involved conversations between Avila and alleged co-conspirators, and crucial Supreme Court precedent that addresses the interphase between the admission of “hearsay” statements allegedly made by Avila and co-conspirators, and the Sixth Amendment.”
Judge Acquits Rovirosa “He Is ORDERED Released”
This morning, Ramon Alexandro Rovirosa Martinez woke up in federal prison where he has been held since early December 2025 after being found guilty of FCPA and related offenses in connection with alleged Mexican bribery scheme.
As reported here, the trial featured no fact witnesses which led the judge to block the government from introducing most of its evidence until their closing argument.
Earlier today (as shown in the picture), Roviorsa was released as U.S. District Court Judge Kenneth Hoyt (S.D. Texas) granted his motion to dismiss the criminal indictment and granted his motion for acquittal.
For prior posts on the case, including the bizarre trial, and post trial briefs see here, here, here, here, here, and here.
Judge Hoyt’s Memorandum and Order Dismissing the Indictment and Granting an Acquittal provides the following background: