False Affidavits and Lies Doom First-Ever FCPA Jury Conviction of Corporation


Yesterday a federal judge threw out the government’s first-ever trial and conviction of a corporation accused of violating the Foreign Corrupt Practices Act (“FCPA”). Citing numerous instances of prosecutorial misconduct, United States District Judge A. Howard Matz of the Central District of California not only vacated the conviction of Lindsey Manufacturing Co. and two of its executives, but also dismissed the government’s indictment with prejudice.

The defendants in Lindsey were accused of violating the FCPA by giving bribes to two high-ranking employees of Comisión Federal de Electricidad (“CFE”), an electric utility company wholly owned by the Mexican government. The Lindsey case brought headlines earlier this year when defendants unsuccessfully challenged the government’s characterization of CFE as an “instrumentality” of the Mexican government and CFE’s employees as foreign officials.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Administrative Agency Updates, Business Organization Updates, Criminal Law Updates, International Trade Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »


Morrison & Foerster is an international firm with more than 1,000 lawyers across 15 offices in the... View Profile »

Follow Morrison & Foerster LLP:

Reporters on Deadline