After a 10-minute recess on Monday, Judge Lynn Hughes returned with a carefully scripted list of why he was granting the Rule 29 motion for acquittal on the substantive FCPA counts. “I just didn’t see how anyone on that jury could be thinking I did something wrong,” John O’Shea said in an interview with Just Anti-Corruption. A status hearing on Friday will discuss the fate of six remaining counts against the former manager of a Texas-based subsidiary of Swiss engineering firm ABB Ltd.
Berg & Androphy partner Sarah Frazier developed the theory that the Mexican utility officials were “private individuals” because the utility, although state-owned, was not a monopoly and had competition.
Justice Department Criminal Fraud Section trial attorney Nicola Mrazek left the courtroom fighting tears, according to reporter Deb Hensel, who covered the trial for Just Anti-Corruption.
Defense attorney Joel Androphy told Just Anti-Corruption he wasn’t overwhelmingly confident that the judge would grant an acquittal when he presented the motion, but the lack of evidence presented by the government compelled him to roll the dice.
But few details were given during the cross-examination about alleged bribes paid in Mexico on behalf of Microsoft and IBM.
On the stand all day Thursday, Fernando M. Basurto Jr. was questioned by senior trial attorney Nicola Mrazek of the Justice Department’s criminal Fraud Section.
Charles Duross, deputy chief of the Justice Department’s Foreign Corrupt Practices Act unit, was in court to question the first witness of the day.
At a pre-trial hearing yesterday, attorneys for both sides reviewed the judge’s instructions to jurors for more than three hours in an attempt to help explain the complex collection of documents jurors will be asked to consider.
The former employee of the ABB Ltd. subsidiary said he didn’t realize that flying Mexican officials’ wives to New York was illegal. He was also asked about conduct in the Philippines.
In an evidentiary hearing on Friday, the defense presented Prof. Hans Baade of the University of Texas, who is expected to further parse the “foreign official” issue according to OECD criteria.
A federal judge refuted the defendant’s arguments that he had not violated U.S. foreign bribery laws because the alleged recipients were not foreign officials.
A Miami businessman will challenge the Justice Department’s interpretation of “foreign official” in an appeal of his August foreign bribery conviction.
The co-conspirators were named by the U.S. in advance of the trial of John J. O’Shea, a former manager for ABB Inc. in Houston.
The University of California Berkeley Investigative Reporting Program reviewed a copy of the 2008 whistleblower letter that sparked the three probes of public contracts in Brazil.
One of the world’s largest insurance firms entered into a non-prosecution agreement with the Justice Department and a settlement with the SEC totaling nearly $16.3 million for alleged illicit conduct in seven countries.
BEST FCPA LAWYERS PRACTICE GROUP OF THE YEAR. Main Justice held an awards luncheon in Washington, D.C., to honor top firms in the Foreign Corrupt Practices Act arena. This video shows announcement of the finalists and winner in the Practice Group of the Year category.