U.S. v. Kozeny

01 July 2007 Publication

In June, 2007, the U.S. District Court, Southern District of New York dismissed, on statute of limitations grounds, the FCPA counts in a criminal indictment against David Pinkerton and Frederic Bourke, Jr. related to charges that they participated in a scheme to bribe senior government officials in Azerbaijan in order to ensure the privatization of a state-owned oil company. In dicta, the court also broadly construed the "obtain or retain business" element of an FCPA anti-bribery violation citing to United States v. Kay, 359 F.3d 738 (5th Cir. 2004). On a motion for reconsideration in July 2007, the court reinstated two of the FCPA counts as not being time-barred.

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