Comments on: Will The SEC Be Put To Its Burden Of Proof In The Jackson And Ruehlen Enforcement Action? http://www.fcpaprofessor.com/will-the-sec-be-put-to-its-burden-of-proof-in-the-jackson-and-ruehlen-enforcement-action A Forum Devoted to the Foreign Corrupt Practices Act Wed, 01 May 2013 10:47:49 +0000 hourly 1 http://wordpress.org/?v=3.4.2 By: Howard Sklar http://www.fcpaprofessor.com/will-the-sec-be-put-to-its-burden-of-proof-in-the-jackson-and-ruehlen-enforcement-action#comment-17346 Howard Sklar Tue, 28 Feb 2012 15:05:16 +0000 http://www.fcpaprofessor.com/?p=3915#comment-17346 Good points all, Mike. With Joe and David as defense counsel, this could get interesting in a hurry for the SEC, and not in a good way. They're both extraordinary lawyers with significant experience. And the defendants don't face the same disincentives to take the case to trial as they would in a criminal case. Plus, I wonder if they're going to school on the recent acquittals/hung juries. How do those cases change the calculus for defendants? This is somewhat similar, in my mind, to the Africa Sting case. Juries hate stings, and they're going to hate forced bribes to Nigerian customs. What they're not going to like, however, is the seniority of the defendants. If these were lower-level employees, I'd say almost certain acquittal. But these two...? Good points all, Mike.

With Joe and David as defense counsel, this could get interesting in a hurry for the SEC, and not in a good way. They’re both extraordinary lawyers with significant experience.

And the defendants don’t face the same disincentives to take the case to trial as they would in a criminal case.

Plus, I wonder if they’re going to school on the recent acquittals/hung juries. How do those cases change the calculus for defendants?

This is somewhat similar, in my mind, to the Africa Sting case. Juries hate stings, and they’re going to hate forced bribes to Nigerian customs. What they’re not going to like, however, is the seniority of the defendants. If these were lower-level employees, I’d say almost certain acquittal. But these two…?

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