A jury was selected and sworn in on Wednesday in federal court in LA in one of the biggest FCPA cases to make it to trial. The defendants include Lindsey Manufacturing, Dr. Keith Lindsey, Steve K. Lee, and Angela Aguilar.
Swearing the juring means jeopardy has attached to the case. Opening statements and evidence begin on Tuesday.
The final pre-trial motions in the case will be heard by the judge on Friday morning at 9:30. Among other things, he’ll rule on the defendants’ “foreign official” motion to dismiss.
The Lindsey defendants 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 ongoing FCPA prosecution in the Central District of California in U.S. v. Carson et al, and in a trial pending in Houston, U.S. v. O’Shea.
At a hearing on Tuesday this weeek, Judge Matz granted a defense motion to suppress the statement Dr. Keith Lindsey gave to the FBI when Lindsey Manufacturing was being searched. The court ruled that the statement was taken under coercive circumstances, indicating Dr. Lindsey was “in custody” at the time. The FBI failed to give Dr. Lindsey a Miranda warning and hindered access to his wife and his lawyer.
Judge A. Howard Matz is presiding over the case — U.S. v. Noriega et al, U.S. District Court, Central District of California (Western Division – Los Angeles), Case #: 2:10-cr-01031-AHM-4.
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. Angela Aguilar is represented by Stephen G. Larson of Garardi Keese.