In July 2009, after a six-week jury trial in the Southern District of New York, Frederic Bourke Jr., co-founder of Dooney & Bourke, was found guilty of making false statements and violating FCPA. Prosecutors alleged that Bourke knew of a plot by Viktor Kozeny to bribe Azerbaijani officials to let Kozeny's investment group buy a stake in the state’s oil company in the late 1990s. Bourke was sentenced by U.S. District Court Judge Shira Scheindlin to a year and a day in prison. Judge Scheindlin explained her sentence by stating: “After years of supervising this case, it’s still not entirely clear to me whether Mr. Bourke is a victim or a crook or a little bit of both.” On appeal, defense attorneys for Bourke argued that the prosecutors used perjured testimony in order to obtain a conviction. After several unsuccessful appeals to the Second Circuit, Bourke began his sentence in May 2013. Viktor Kozeny, the apparent orchestrator of the scheme, has avoided extradition to the United States by remaining in the Bahamas.
News
"Bourke's last stand?," The FCPA Blog, May 10, 2013.
"Supreme Court denies Bourke review," The FCPA Blog, April 16, 2013.
"Bourke Alleges False Testimony In New Appeal," The Wall Street Journal, April 12, 2012.
"Bourke Loses Bid For New FCPA Trial In Second Legal Setback," Bloomberg, December, 15, 2011.
"Judges Appear Unmoved by Bourke's Arguments on Appeal," Global Investigations Review, February 15, 2011.
"Jury Finds Frederic Bourke Guilty of Bribery-Related Charges," The Wall Street Journal Law Blog, July 10, 2009.
Defense Filings
Brief on Appeal, United States v. Kozeny et al., No. 05 Cr. 518 (S.D.N.Y. April 1, 2010)
Reply Memo in Support of Motion for New Trial Based on Newly Discovered Evidence, United States v. Kozeny et al., No. 05 Cr. 518 (S.D.N.Y. June 17, 2011)
Motion for New Trial Based on Newly Discovered Evidence, United States v. Kozeny et al., No. 05 Cr. 518 (S.D.N.Y. March 9, 2011)
Government Filings
Brief on Appeal, United States v. Kozeny et al., No. 05 Cr. 518 (2nd Cir. July 29, 2010)
Opposition to Defendant's Requests for Certain Jury Instructions Related to His Possible Affirmative Defenses, United States v. Kozeny et al., No. 05 Cr. 518 (S.D.N.Y. Dec. 12, 2008)
Court Orders
Order Denying Post-Trial Motions, United States v. Kozeny et al., No. 05 Cr. 518 (S.D.N.Y. December 13, 2009)
Jury Charge, United States v. Kozeny et al., No. 05 Cr. 518 (S.D.N.Y. 2008)
Indictment, United States v. Kozeny et al., No. 05 Cr. 518 (S.D.N.Y. May 12, 2005)
