“It may seem old fashioned,” said Handzlik, a partner in Venable LLP, “but liability under the FCPA still requires that the acts charged be accompanied by a specific, corrupt intent. Judge Hughes’ ruling reaffirms this basic tenant of criminal law, which applies in FCPA cases just as it does in bank robberies, mail thefts and other federal offenses.”
Handzlik represented Keith Lindsey and Lindsey Manufacturing in their FCPA trial last year. The judge dismissed their indictments in December after a jury trial because of misconduct by prosecutors. The case against co-defendant Steve K. Lee was also dismissed, and the guilty plea by Angela Aguilar to money laundering was vacated. The DOJ is appealing the dismissals.
“It’s much more challenging for the government when defendants persist in asserting their innocence,” Handzlik said.