The Anti-Corruption Report

The definitive source of actionable intelligence covering anti-corruption laws around the globe

Articles By Topic

By Topic: Trials

  • From Vol. 4 No.23 (Nov. 4, 2015)

    The Dos and Don’ts of Preparing a Cooperating Witness

    As the recent trial of PetroTiger’s former CEO Joseph Sigelman demonstrated, a problematic cooperating witness can derail the government’s case against a defendant charged with FCPA violations.  In that case, shortly after the government’s star witness admitted to perjury on the stand, Sigelman and the government agreed to a plea that reportedly made Sigelman’s lawyers “ecstatic.”  How can prosecutors and defense attorneys help avoid such catastrophes during trial?  In a guest article, Richard Bistrong, a former sales executive who was accused of bribing foreign officials to obtain contracts for his employer, a defense contractor, shares lessons he learned from serving as a cooperating witness.  Bistrong cooperated with the government for two-and-half years, recording thousands of phone calls and meetings.  He prepared for trial for over three months, and testified for nearly a month.  He subsequently served 14 months in prison.  See also “What Does the PetroTiger Case Mean for FCPA Compliance?  Sigelman’s Attorneys and Other Experts Weigh In,” The FCPA Report, Vol. 4, No. 13 (Jun. 24, 2015).

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  • From Vol. 3 No.19 (Sep. 24, 2014)

    Defendant in Alstom/Marubeni Bribery Prosecution Tests FCPA’s Definition of “Agency” and its Reach Over Foreign Nationals

    Cases that test the government’s interpretation of the FCPA tend to be few and far between.  Lawrence Hoskins, a foreign national who worked for Alstom Holdings, SA has been charged with criminal violations of the FCPA and money laundering in connection with bribes paid by an Alstom/Marubeni consortium to secure contracts to build power plants in Indonesia.  Hoskins has moved to dismiss the indictment, challenging the government’s claim that he was an agent of Alstom’s U.S. subsidiary for purposes of FCPA liability.  He also argues that the FCPA is unconstitutionally vague and that it does not apply extraterritorially to foreign nationals in his situation.  This article examines both parties’ briefs.  See also “How Broad Is the FCPA’s Reach Over the Acts of Foreign Nationals?,” The FCPA Report, Vol. 2, No. 6 (Mar. 20, 2013).

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  • From Vol. 3 No.16 (Aug. 6, 2014)

    Gibson Dunn Attorneys Share Lessons from Their Insider Trading Trial Win Against the SEC

    After an investigation and litigation that spanned 13 years, a jury found Nelson J. Obus, Peter F. Black and Thomas Bradley Strickland not liable for insider trading in the shares of SunSource, Inc. at the time of its acquisition by Allied Capital Corporation in 2001.  In a recent panel discussion, two of Obus’ defense attorneys, Gibson, Dunn & Crutcher partner Joel M. Cohen and associate Mary Kay Dunning, shared the lessons they learned from contending with the SEC investigation, the insider trading litigation and the trial of the case – lessons applicable to many types of litigation against the government.  See “Litigation, Settlement and Risk Management Lessons Learned from Recent FCPA Trials,” The FCPA Report, Vol. 1, No. 11 (Nov. 7, 2012).

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  • From Vol. 1 No.11 (Nov. 7, 2012)

    Litigation, Settlement and Risk Management Lessons Learned from Recent FCPA Trials

    FCPA trials present specific obstacles, and as the recent “SHOT Show” case demonstrates, can be difficult for the government to win.  On October 18, 2012, as part of the Fifth Annual ABA FCPA Institute in Washington, D.C., a panel of litigators and current and former prosecutors discussed recent FCPA trials and lessons learned from them.  The lively panel disagreed over issues such as the uniqueness of FCPA trials, and whether juries really care about bribery.  U.S. Attorney Neil MacBride also provided insight into trial work in the Eastern District of Virginia, home of the “Rocket Docket,” where some FCPA cases have been brought recently.

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