Most Severe Setback To DOJ Thus Far In FCPA Prosecutions: Judge Dismisses All Charges In Africa Sting Case

Morrison & Foerster LLP
Contact

Although the government continues to secure record fines against corporations settling violations of the Foreign Corrupt Practices Act (“FCPA”), the Department of Justice (“DOJ”) has faced significant setbacks in FCPA trials, most recently in the “Africa Sting” case.

Two years ago, in January 2010, DOJ announced that twenty-two executives and employees of companies in the military and law enforcement products industry had been indicted for conspiring to bribe foreign government officials to obtain and retain business. Using large-scale undercover law enforcement techniques, the Africa Sting case was hailed as the largest single investigation and prosecution against individuals in DOJ’s history of enforcing FCPA. At the time, Assistant Attorney General Lanny A. Breuer called the investigation a “turning point” in the FCPA playbook and warned that “would-be FCPA violators should stop and ponder whether the person they are trying to bring might really be a federal agent.”

Last week, U.S. District Court Judge Richard Leon dismissed the indictments in the Africa Sting case, ending what he referred to as “a long and sad chapter in the annals of white collar criminal enforcement.” The government sought dismissal of the indictments after failing to convict a single defendant in two separate trials.

Please see full alert below for more information.

Please see full publication below for more information.

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

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. Attorney Advertising.

© Morrison & Foerster LLP

Written by:

Morrison & Foerster LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Morrison & Foerster LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide