Lindsey and the FCPA

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3 Responses

  1. Jon May says:

    Assuming these are isolated events (and as a former AUSA I do), it is too much to expect prosecutors to determine what constitutes favorable evidence. A lawyer’s perspective is just too clouded by his or her’s commitment to the cause. And it is impossible to know what evidence fits into his or her adversary’s defense. Moreover, prosecutors don’t understand what Brady/Kyle requires and think that it only applies to”exculpatory” evidence. If such evidence existed presumably the government would not have charged the defendant in the first place.
    I completely agree; the only solution if Rule 16 reform. Long overdue. Not holding my breath. Already turning blue.

  1. December 7, 2011

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  2. January 29, 2012

    […] doesn’t agree with and investing in FCPA violators. Mike Volkov doesn’t think the Lindsey case heralds new wisdom on the FCPA, but it will change the career trajectory of the prosecutors […]