[The DOJ] rarely has the ability to obtain the testimony of foreign witnesses. It is difficult to obtain foreign documents. Defense lawyers should put the government to its burden of proof and not confess without a trial.
— Joel Androphy, John O’Shea’s defense lawyer, to the FCPA Blog, January 19, 2012
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Our experience in combatting domestic political corruption, coupled with our own recent efforts to develop prosecution [sic] involving the bribery of foreign officials amply demonstrates the difficulties of gathering sufficient credible and admissible evidence to support prosecution. By its very nature the bribery of public officials is covert and generally involves consensual parties who go to great lengths to conceal the transaction. When the official involved is a representative of a foreign government and most of the critical acts take place outside of the country, the problems of detection, investigation and prosecution are necessarily compounded.
— Letter from the DOJ to Hon. Harley O. Staggers, Chairman, Interstate and Foreign Commerce Committee, United States House of Representatives, April 20, 1977