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- Brief
U.S. v. Smith 3:19-cr-00045-MMD-CLB (D. Nev.)
Order Granting Compassionate Release
Argument: The court found Mr. Smith at risk due to a number of factors, including race:
Additionally, Smith is a Black male. Smith argues that his race puts him at an increased risk of complications from COVID-19. (ECF No. 33 at 13-14.) The government fails to address the impact of Smith’s race on the extraordinary and compelling circumstances analysis. The CDC has collected data on the relationship between race and COVID-19 complications, hospitalizations, and deaths and concludes that “racial and ethnic minority groups are disproportionately represented among COVID-19 cases.” CDC, COVID-19 Racial and Ethnic Health Disparities, https://www.cdc.gov/coronavirus/2019-ncov/community/health-equity/racial-ethnic-disparities/increased-risk-illness.html (last visited January 19, 2021). Further, the CDC finds that “systemic health and social inequities have put many people from racial groups at an increased risk of severe illness from COVID-19” and “increased risk of dying from COVID-19.” Id. Thus, the Court finds race is an additional factor weighing in favor of extraordinary and compelling circumstances.
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- Brief
United States v. Gerald Green and Patricia Green
Case materials from the Foreign Corrupt Practices Act (FCPA) prosecution of Gerald and Patricia Green, United States v. Gerald Green and Patricia Green, Cr. No. 08-59-GW.
Argument: The Greens, owners of Los-Angeles-based Film Festival Management, Inc., were convicted after a jury trial in the Central District of California in September 2009 of conspiracy to violate the FCPA, violating the FCPA, committing money laundering, and other charges relating to bribes paid to government officials. The government alleged that the Greens paid government officials in Thailand in order to secure contracts to manage and operate Thailand’s yearly Bangkok International Film Festival and other contracts. In August 2010, U.S. District Court Judge George Wu sentenced the Greens to 6 months imprisonment, plus three years supervised release, and ordered to pay $250,000 each in restitution. Initially the government sought a higher sentence on appeal, but then dismissed its 9th Circuit appeal in August 2011. The Greens’ prison terms are the most lenient in the recent FCPA cases.
More Gerald and Patricia Green documents from DOJ
News
"Green Restitution Order Stands ... For Now," FCPA Professor, July 12, 2013.
"Prosecutors Drop Appeal of Short Sentence in Green FCPA Case," Securities Law Blog, August 29, 2011.
"Greens Get Six Months In Jail," The FCPA Blog, August 13, 2010.
"Verdict In ... Green's Found Guilty," FCPA Professor, September 14, 2009. [More coverage]
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- Brief
United States v. Stuart Carson, et al.
Case materials from the Foreign Corrupt Practices Act (FCPA) prosecution of Stuart Carson, United States v. Stuart Carson, et al., No. 8:09-cr-00077-JVS.
Argument: Control Components Inc. (CCI), a California based company, plead guilty in July 2009 to violations of the FCPA and the Travel Act. The government indicted CCI and some of its former employees for allegedly engaging in “a conspiracy to secure contracts by paying bribes to officials of foreign state-owned companies as well as officers and employees of foreign and domestic private companies” in about 36 countries. Seven defendants were convicted and received varying sentences ranging from home detention to more than three months incarceration.
Unavailable documents
- Tentative Order Denying Motion to Dismiss Indictment (May 14, 2012)
- Superseding Indictment of Paul Cosgrove (May 25, 2012)
More Stuart and Rose Carson documents from DOJ
News
"Recent Sentencing Activity," FCPA Professor Blog, April 30, 2013.
"DOJ recommends no jail for three CCI execs," FCPA Blog, February 7, 2013.
"Control Components CEO, Sales Manager Sentenced in FCPA Case," The Wall Street Journal, November 9, 2012.
"Edmonds [Final Defendant in Carson Case] Pleads Guilty As Trial Nears," FCPA Professor Blog, June 18, 2012.
"Guilty Plea in FCPA Case a Rare Victory for Government," The National Law Journal, May 31, 2012.
"Judge Selna Rejects State Actor Theory – [Denies Defense Motions to Suppress and Dismiss]," FCPA Professor, May 16, 2012.
"Husband And Wife Plead Guilty To FCPA Violations," The Wall Street Journal, April 17, 2012.
"Defendants in Carson FCPA Case File Two New Motions Attacking DOJ's Relationship With Their Corporation (Who Has Cooperated)," Federal Securities Law Blog, March 6, 2012
"In Carson Case, DOJ Agrees 'Foreign Official' Knowledge Is Required," FCPA Blog, September 27, 2011
"Judge Denies Travel Act Challenge," FCPA Blog, August 15, 2011
"Carson 'Foreign Official' Challenge Moves To Jury Instructions," FCPA Professor, July 5, 2011
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- Brief
United States v. Enrique Faustino Aguilar, et al. (Lindsey Mfr.)
Case materials from the Foreign Corrupt Practices Act (FCPA) prosecution of Lindsey Manufacturing, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031-AHM.
Argument: Lindsey Manufacturing was the first company to be tried and convicted of FCPA violations. A jury in the Central District of California found the company, a privately held manufacturer for electrical transmission and related products, guilty of one count of conspiracy to violate the FCPA and five counts of FCPA violations in May 2011 for its alleged involvement in making payments to a Mexican state-owned utility company. In December 2011, a U.S. District Court Judge, A. Howard Matz, ruled that the prosecution had engaged in blatant misconduct and committed egregious Brady violations. The convictions were vacated and the indictment was dismissed. In May 2012 the Department of Justice voluntarily dismissed the case.
News
"Government Dismisses Lindsey Manufacturing Case Appeal," White Collar Crime Prof Blog, May 25, 2012.
"Judge Dismisses Landmark Bribery Conviction, Rips DOJ," The Wall Street Journal, December 1, 2011. [Related story on Government’s appeal]
"Lindsey Manufacturing Defendants Convicted On All Counts," Wall Street Journal Law Blog, May 10, 2011.
"Lindsey Case: Judge Issues Written Ruling on 'Foreign Official,'" The FCPA Blog, April 21, 2011. [Related coverage and analysis from The FCPA Blog and FCPA Professor]
"Historic Test For FCPA In Lindsey Trial," The FCPA Blog, April 1, 2011.