The DOJ on Friday (May 25) filed a motion in the U.S. Court of Appeals for the Ninth Circuit to voluntarily dismiss its appeal in the FCPA case against Lindsey Manufacturing Company, its CEO Keith Lindsey, and CFO Steve Lee.
The government had filed its notice of appeal in December last year, shortly after the U.S. District Court threw out the FCPA convictions of the Lindsey defendants and ordered that the indictment be dismissed with prejudice.
In his order of dismissal, U.S. District Judge Howard Matz ruled that the Lindsey prosecution had been tainted by a pervasive pattern of flagrant government misconduct at virtually every stage of the case.
Friday’s dismissal motion means the government has dropped its prosecution of the Lindsey defendants and will also end its efforts to forfeit about $24 million from the company. By deciding not to pursue its appeal of Judge Matz’ dismissal order, the government has ended the case.
‘This is a great day for the fair administration of justice,’ said Jan Handzlik, above, a partner in Venable LLP who represented Lindsey Manufacturing and Keith Lindsey.
‘We couldn’t be happier for Keith, Steve and the 110 loyal, hard-working employees of Lindsey Manufacturing Company,’ Handzlik said. ‘This dismissal further vindicates Dr. Lindsey’s belief in our system of justice and in his innocence. Keith and Steve were steadfast in their belief that the government had not played fair and that the truth would come out.’