Lindsey Manufacturing Company, its CEO Keith Lindsey, and CFO Steve K. Lee yesterday filed a reply to the government’s opposition to their motion to dismiss the indictment against them with prejudice due to
repeated and intentional government misconduct.
A hearing on the motion is set for October 17.
They were each convicted in May of conspiracy to violate the Foreign Corrupt Practices Act and five substantive FCPA offenses.
The brief supporting the defendants’ reply starts this way:
From at least October 2008, the prosecution engaged in a course of misconduct that was both flagrant and prejudicial. Among other things, the prosecutors inserted false factual statements into their agent’s search warrant affidavit; failed to bring those statements to the agent’s attention; repeatedly used affidavits containing these falsehoods for searches and seizures; changed the contents of proposed search warrant authorizations from language that comported with the Fourth Amendment to language that allowed the case agents to conduct general searches of electronically stored information; allowed false testimony to be presented to the grand jury; shielded that false testimony and other falsehoods and failures in the investigation from disclosure to the grand jury, the Court and the Lindsey-Lee Defendants; failed to comply with disclosure orders and with Brady v. Maryland, 373 U.S. 83 (1963); failed to comply with this Court’s limiting instructions; and improperly and prejudicially argued willful blindness to the jury.
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.
Download a copy of the defendants’ motion and brief here.