Post by duke on Dec 8, 2011 11:53:59 GMT -5
Government misconduct in FCPA prosecution cited in related case
Amanda Bronstad ContactAll Articles
The National Law Journal
December 7, 2011
A federal judge's dismissal of convictions in a high-profile Foreign Corrupt Practices Act case because of prosecutorial misconduct has prompted a defense attorney in a related prosecution to challenge the government's case against his client.
U.S. District Judge Howard Matz in Los Angeles on Dec. 1, 2011 threw out the convictions of Lindsey Manufacturing Co. and two of its senior executives on charges that they paid an intermediary to bribe two officials of a Mexican utility in violation of the FCPA. Matz cited numerous instances of prosecutorial misconduct, including an FBI agent's false statements to the grand jury and false information in affidavits submitted for search and seizure warrants.
The lead prosecutor in that investigation, Nicola Mrazek, a senior trial attorney with the Department of Justice in Washington, is spearheading a related FCPA case in Texas headed to trial on Jan. 10. John Joseph O'Shea, a former general manager of a subsidiary of ABB Ltd. in Sugarland, Texas, stands accused of paying a separate intermediary run by the same person to bribe the same two Mexican utility officials identified in the Lindsey case.
Joel Androphy, a partner at Houston's Berg & Androphy who represents O'Shea, said he plans to keep his "ears open" as the trial approaches for government conduct that mimics the Lindsey case. He already has cited Matz's ruling in a Dec. 6 motion to preclude prosecutors from introducing evidence at trial of a red Ferrari and a yacht--both of which were identified as bribes in the Lindsey case.
www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202534821682&et=editorial&bu=National%20Law%20Journal&cn=20111208nlj&src=EMC-Email&pt=NLJ.com-%20Daily%20Headlines&kw=Government%20misconduct%20in%20FCPA%20prosecution%20cited%20in%20related%20case&slreturn=1
Amanda Bronstad ContactAll Articles
The National Law Journal
December 7, 2011
A federal judge's dismissal of convictions in a high-profile Foreign Corrupt Practices Act case because of prosecutorial misconduct has prompted a defense attorney in a related prosecution to challenge the government's case against his client.
U.S. District Judge Howard Matz in Los Angeles on Dec. 1, 2011 threw out the convictions of Lindsey Manufacturing Co. and two of its senior executives on charges that they paid an intermediary to bribe two officials of a Mexican utility in violation of the FCPA. Matz cited numerous instances of prosecutorial misconduct, including an FBI agent's false statements to the grand jury and false information in affidavits submitted for search and seizure warrants.
The lead prosecutor in that investigation, Nicola Mrazek, a senior trial attorney with the Department of Justice in Washington, is spearheading a related FCPA case in Texas headed to trial on Jan. 10. John Joseph O'Shea, a former general manager of a subsidiary of ABB Ltd. in Sugarland, Texas, stands accused of paying a separate intermediary run by the same person to bribe the same two Mexican utility officials identified in the Lindsey case.
Joel Androphy, a partner at Houston's Berg & Androphy who represents O'Shea, said he plans to keep his "ears open" as the trial approaches for government conduct that mimics the Lindsey case. He already has cited Matz's ruling in a Dec. 6 motion to preclude prosecutors from introducing evidence at trial of a red Ferrari and a yacht--both of which were identified as bribes in the Lindsey case.
www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202534821682&et=editorial&bu=National%20Law%20Journal&cn=20111208nlj&src=EMC-Email&pt=NLJ.com-%20Daily%20Headlines&kw=Government%20misconduct%20in%20FCPA%20prosecution%20cited%20in%20related%20case&slreturn=1
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