Roger Boncy Archives - FCPA Professor

Perplexed II

By Mike Koehler on September 15, 2022 in Agency Issues, Agent, Joseph Baptiste, Lawrence Hoskins, Roger Boncy

FCPA Inc. is an active group of writers. Give them a development and the ink starts flowing. This is a good thing.

However, as highlighted in this recent post some FCPA commentary regarding recent developments has been perplexing.

As highlighted below, I continue to be perplexed by certain FCPA commentary.

This law firm alert regarding the Second Circuit’s recent Hoskins decision (see here) is titled “Second Circuit Presents U.S. Companies Historic Opportunity to Defend Against FCPA Liability.” Query how the Second Circuit’s determination whether the government provided sufficient evidence at trial of agent / agency (a term / concept always in the FCPA – that the parties agreed should be interpreted pursuant to its common law meaning) provides a “historic opportunity” to defend FCPA cases?

What A Debacle: DOJ Dismisses Enforcement Action Against Baptiste and Boncy

By Mike Koehler on June 27, 2022 in FCPA Trial, FCPA Trials, Joseph Baptiste, Roger Boncy

What a debacle.

The latest in a long line of embarrassing (and stunning) DOJ setbacks in individual FCPA enforcement actions. (See here, here and here).

First the relevant background.

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. In 2018 the DOJ added criminal charges against Roger Boncy in connection with the same core conduct. (See here).

First Circuit Affirms New Trial For Joseph Baptiste And Roger Boncy Based On Ineffective Assistance Of Counsel

By Mike Koehler on August 10, 2021 in FCPA Jurisprudence, Joseph Baptiste, Roger Boncy

Unlike most individual FCPA defendants, Baptiste and Boncy put the DOJ to its burden of proof and in June 2019, after a two-week 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. (See here).

Thereafter, in post-trial motions the defendants sought an acquittal or a new trial based on ineffective assistance of counsel. (See here). In March 2020, U.S. District Court Judge Allison Burroughs (D. Mass.) granted Baptiste and Boncy a new trial based on ineffective assistance of counsel. (See here).

As discussed here, the DOJ appealed to the First Circuit and yesterday the court affirmed a new trial for the defendants.

From The Dockets

By Mike Koehler on September 29, 2020 in Asante Berko, Joseph Baptiste, Roger Boncy

This post provides updates on the DOJ’s appeal of the new trial recently granted to FCPA defendants Joseph Baptiste and Roger Boncy as well as the SEC’s attempt to serve FCPA defendant Asante Berko.

DOJ First Circuit Appeal

As highlighted in this prior post, in March U.S. District Court Judge Allison Burroughs (D. Mass.) granted Joseph Baptiste and Roger Boncy a new trial based on ineffective assistance of counsel after the defendants were convicted of Foreign Corrupt Practices Act and other charges in connection a Haitian bribery scheme.

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Perplexed II

What A Debacle: DOJ Dismisses Enforcement Action Against Baptiste and Boncy

First Circuit Affirms New Trial For Joseph Baptiste And Roger Boncy Based On Ineffective Assistance Of Counsel

From The Dockets

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