In a filing this morning (see here), the DOJ has moved “to dismiss with prejudice the Superseding Indictment, and all underlying indictments, against the remaining defendants who are pending trial.”
The filing states as follows. “The government has carefully considered (1) the outcomes of the first two trials in which, after extensive deliberations, the juries remained hung as to seven defendants and acquitted two defendants, and one defendant was acquitted on the sole charge against him pursuant to Fed. R. Crim. P. 29; (2) the impact of certain evidentiary and other legal rulings in the first two trials and the implications of those rulings for future trials, including with respect to Rule 404(b) and other knowledge and intent evidence the government proposed to introduce; and (3) the substantial governmental resources, as well as judicial, defense, and jury resources, that would be necessary to proceed with another four or more trials, given that the first two trials combined lasted approximately six months. In light of all of the foregoing, the government respectfully submits that continued prosecution of this case is not warranted under the circumstances.”
Today’s request for dismissal comes two weeks after the jury foreman in the second Africa Sting trial wrote this guest post on this site.
Professor!
I think you should take credit for the final demise of the FCPA “sting” cases.
The foreman’s letter plus your prior descriptions of the sting operation combined – in my view at least – to force the DoJ to walk away from this egregious waste of tax payer funds.
The message for DoJ is: Yes, there are serious violators out there. Go find them. Don’t waste your limited resources creating putative defendants.
I look forward to hearing your “Business” presentation in Indianapolis next week.
Prof. Bruce W. Bean
MSU Law School
Mr. Koehler
I want to thank you for everything that you do.
Prior to the indictment, I had never known what the FCPA was or even spent time in any court room. I don’t feel like justice has been served or if me or my family will ever be made whole. It feels as if I am constantly going up against what they say I did. All you have to do is google my name and individuals and companies are deciding they don’t want to work with me. We proved in court that I had nothing to do with anything illegal. In fact, we proved that not one of the charges they had against me could be proved, because it never happened. The last words out of the prosecutions mouth on their closing argument against me was that “Lee Tolleson didn’t have to know or do anything to be guilty, it is all aiding and abetting”. Really? I was raised a certain way, and never did I hear that you could be charged with 36 years in prison without having done or known anything and this is only the tip of the iceberg. I wish that I could publish everything that the government did to make the arrests actually happen. I was never a target or predisposed to violate the FCPA, I just got the joy of working in the wrong place at the wrong time. Just another nobody that the DOJ could burn to the ground in pursute of their own career advancements.
I am rambling now, and for that I am sorry. I have tried to move on and rebuild my life, but im afraid this DOJ fabrication may have destroyed any hope of a normal life.
Thank you again for making a stand and I hope you continue to search for the truth.
God Bless,
Lee Allen Tolleson