At a hearing in federal court in Miami yesterday, Judge Marcia G. Cooke made a finding that Costa Rica’s Instituto Costarricense de Electricidad S.A. (ICE) was not a victim of Alcatel-Lucent’s bribery, and not entitled to restitution.
At the hearing, Judge Cooke said the issues were too intertwined as to whether ICE was a victim or an offender, and that corruption was rampant at ICE.
The ruling vindicates the DOJ. Its practices had come under fire in ICE’s court filings.
Unless ICE appeals, the ruling will end the first petition by an alleged victim in an FCPA enforcement action seeking to intervene and claim restitution under U.S. law.
The judge’s action cleared the way for final court approval of Alcatel-Lucent’s $137 million settlement with the DOJ and SEC.