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More Defendants Challenge ‘Foreign Official’

Three more defendants in a high-profile FCPA prosecution in federal court in California filed a motion yesterday to dismiss the indictment against them on the grounds that the FCPA doesn’t apply to officers and employees of state-owned entities.

Lindsey Manufacturing Company, Dr. Keith Lindsey, and Steve K. Lee argue that the officer of Mexico’s state-owned utility, the Comisión Federal de Electricidad, who purportedly received bribes in their case, was not a “foreign official” under the FCPA. It’s the same argument made in another FCPA prosecution in the Central District of California in U.S. v. Carson et al

The defendants have asked Judge A. Howard Matz to take judicial notice of the declaration filed by Mike Koehler in support of the motion to dismiss in the Carson case.

Jan L. Handzlik of Greenberg Traurig is defending Lindsey Manufacturing and Dr. Keith Lindsey. Steve K. Lee is represented by Janet Levine of Crowell & Moring.

A hearing on the motion is set for March 21.

Download a copy of the February 28, 2011 motion to dismiss the superseding indictment by Lindsey Manufacturing Company, Dr. Keith Lindsey, and Steve K. Lee in U.S. v. Lindsey et al here.

View Mike Koehler’s declaration in support of the defendants’ motion to dismiss in U.S. v. Carson et al here.

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