• Prosecutorial Misconduct in FCPA Case Results in Dismissal of Indictment
  • February 1, 2012 | Authors: Christopher R. Hall; Charles T. Williams
  • Law Firms: Saul Ewing LLP - Philadelphia Office ; Saul Ewing LLP - Wilmington Office
  • We have recently written (White Collar Watch September 2011) about the uptick in prosecutions under the Foreign Corrupt Practices Act, 15 U.S.C. §§ 78dd-1, et seq. (the “FCPA”), which prohibits, among other things, bribery of foreign officials for commercial advantage. A recent case, United States v. Aguilar, is an example of a case in which the government’s overzealous prosecution under the FCPA involved “flagrant” misconduct that necessitated a dismissal of the indictment against a corporate defendant and two of its officers. This case is not only a cautionary tale for the government, but also a reminder to defense counsel of the importance of building a record that may later form the basis for the dismissal of an indictment or the reversal of a conviction.