Kobre & Kim Plays Leading Role in Government Dropping Precedent-Setting FCPA Sting Prosecution

February 21, 2012

Publication: The Washington Post

After two lengthy trials, several acquittals, and two hung juries, the U.S. Department of Justice (DOJ) announced today that it was abandoning its high-profile "FCPA sting" prosecution. Citing the outcomes of the first two trials, the impact of evidentiary and legal rulings in favor of the defense, and the substantial resources required to proceed with four or more trials, the DOJ concluded that the continued prosecution of the case was unwarranted and requested that the court dismiss all open indictments.

Kobre & Kim played the leading role in obtaining rulings that excluded alleged “prior bad acts” evidence from the trials, while also obtaining a novel ruling in our client's favor regarding the limits of U.S. jurisdiction under the FCPA. The prosecution in federal district court in Washington DC marked the most extensive use of undercover techniques in a FCPA investigation to date. But as jurors learned through Kobre & Kim's cross-examination of government agents, the investigation was deeply flawed and irredeemably tainted by the misdeeds of a government informant. When he granted the government’s motion to dismiss the indictment against our client, the judge in the case acknowledged the “tireless and spirited efforts” by defense counsel in the case and noted that “their hard work and effective advocacy are a testament to how strong our criminal defense bar is nationwide."