If the words on tape aren’t clear, it’s not our problem, the defense insists.
The Justice Department has heralded the case, dubbed the “shot show sting,” as a hallmark of its FCPA enforcement regime, regularly touting at legal conferences the aggressive undercover law enforcement techniques used in the investigation.
Judge Richard Leon also appeared unlikely to give an entrapment instruction to the jury, which would be critical to the defendants who have consistently argued in pre-trial hearings that they were entrapped by the government.
The company has reported additional problems.
Prosecutors are seeking to introduce evidence of allegedly corrupt deals in Colombia, Peru, Guatemala, Saudi Arabia, and Africa in a massive FCPA case.
As the DOJ conducts foreign bribery investigations, it is increasingly communicating and sharing information with the federal agencies that regulate export controls.
This is not the first time the agencies have targeted offshore drillers for violations of the foreign bribery law.
A Japanese firm vaults to a position it would rather not have.
A tainted enterprise involving natural gas contracts yields another settlement.
So far, says Judge Richard Leon, the defense hasn’t shown any shocking government misconduct.
Prosecutors are looking into other current and former executives in a joint venture that bribed Nigerian officials for contracts related to a liquefied natural gas facility, after reaching new cooperation agreements.
The case is the culmination of an elaborate multiyear sting operation in which FBI agents, posed as representatives of the country of Gabon, solicited bribes for a fictitious $15 million arms deal.
Be sure you know which side “your” lawyer is on.
Attorneys for several defendants in the case, the largest-ever brought under the FCPA, had filed motions to dismiss the case, arguing it was legally “impossible” for their clients be charged.
Last year, Kosmos Energy’s plans to sell a stake in an offshore oil field for $4.3 billion to Exxon Mobil Corp. were scuttled amid murky politics and other wrangling in Ghana.
THE PAST AND FUTURE FOR CORPORATE PROSECUTIONS: Orrick partner Michael Madigan discusses his successful defense in 2006 of the former chairman of KPMG’s Tax Department, which led to reduced leverage for prosecutors in pursuing corporation prosecutions.