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Friday Roundup

By Mike Koehler on April 10, 2020 in CHS, CHS Inc., Embraer, FCPA Appeals, Foreign Official, Foreign Officials, Joseph Baptiste, Monitor, Roger Boncy

Not true, DOJ appeal, scrutiny alert, and monitor extended. It’s all here in the Friday roundup.

Not True

In this recent Trace International sponsored podcast about the 2014 Esquenazi decision, Bill Steinmen (Senior Editor at the FCPA Blog) asserts that the FCPA’s “legislative history doesn’t really shed any light” on the meaning of “instrumentality” in the FCPA.

Not true.

There is much information in the FCPA’s legislative history relevant to the issue of whether Congress intended the phrase “instrumentality” in the “foreign official” definition to cover state-owned or state-controlled enterprises (“SOEs”).

Judge Orders New Trial For Baptiste And Boncy Based On Ineffective Assistance Of Counsel

By Mike Koehler on March 12, 2020 in FCPA Trial, FCPA Trials, Joseph Baptiste, Roger Boncy

As highlighted in this previous post, 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. As highlighted in this previous post, in 2018 the DOJ added criminal charges against Roger Boncy in connection with the same core conduct.

Unlike most individual FCPA defendants, Baptiste and Boncy put the DOJ to its burden of proof. As highlighted in this previous post, in June 2019, after a two-week jury 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. Thereafter, in post-trial motions the defendants sought an acquittal or a new trial based on ineffective assistance of counsel. (See here).

Earlier today, in this decision, U.S. District Court Judge Allison Burroughs (D. Mass.) granted Baptiste and Boncy a new trial.

Jury Convicts Baptiste And Boncy

By Mike Koehler on June 24, 2019 in FCPA Trial, FCPA Trials, Haiti, Joseph Baptiste, Roger Boncy, Undercover Investigations

As highlighted in this previous post, in 2018 the DOJ added criminal charges against Roger Boncy in connection with the same core conduct.

Unlike most individual FCPA defendants, Baptiste and Boncy put the DOJ to its burden of proof. As indicated in this recent DOJ release after a two-week jury 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.

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

By Mike Koehler on April 17, 2019 in Cultural Issues, FCPA Trial, FCPA Trials, Joseph Baptiste, Prosecutorial Misconduct, Roger Boncy

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.”

DOJ Adds Additional Defendant To Haiti Port Project Case

By Mike Koehler on October 31, 2018 in 2018 Enforcement Actions, DOJ Enforcement Action, Haiti, Individual Enforcement Action, Joseph Baptiste, Roger Boncy

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

Judge Orders New Trial For Baptiste And Boncy Based On Ineffective Assistance Of Counsel

Jury Convicts Baptiste And Boncy

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

DOJ Adds Additional Defendant To Haiti Port Project Case

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