FCPA: Were the Sting Trials Doomed From the Start?


The authors had front row seats to the challenges facing the government in the Foreign Corrupt Practices Act (FCPA) Sting trials, having represented a client who obtained a mistrial when the jury failed to reach a unanimous verdict. This article reviews three key issues in the framing of the FCPA Sting cases, which involved the FBI's January 2010 arrest in Las Vegas of 22 persons in the military and law enforcement products industry. After a year of intensive discovery and three guilty pleas, the first trial of four defendants resulted in a hung jury and a mistrial was declared. The second trial, of six defendants, resulted in acquittals. Before the third trial (of the last of the defendants) the government dismissed all charges with prejudice. This article reviews the effects of the choice of the District of Columbia as venue, the government's choice of informant, and the prosecutor's miscourse investigative correction, which avoided use of the word "bribe" when describing the payments to the defendants. The judge in the FCPA Sting trials expressed hope that the DOJ and FBI would learn from their experience in this case to achieve better prosecutions of individuals under the FCPA. The article, co-authored by Lauren Randell and David Krakoff, was published in the September 2012 issue of "Business Crimes Bulletin," a publication of Law Journal Newsletters (ALM Media).

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

Written by:

Published In:

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.

© BuckleySandler 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 »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.