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