Successful Resolution of FCPA Case
After three years of litigation, we were able to bring a Foreign Corrupt Practices Act case to a successful resolution in May 2024. For years, we had successfully challenged the prosecution in the district court, twice persuading the court to dismiss all charges against our client, who had been charged in 2019 and extradited to the United States in 2021. The Fifth Circuit reversed the first dismissal in 2023, but it affirmed the second dismissal at the beginning of 2024.
In the second appeal, the Fifth Circuit agreed with our arguments and the ruling of the district court: our client’s right to a speedy trial had been violated, so dismissal was appropriate.[1] The case was nevertheless remanded to the district court for a determination of whether the dismissal should be with or without prejudice.
Once back in the district court, we successfully negotiated a reduced plea and settlement, which allowed our client to return home to Portugal.[2]
[1] United States v. Murta, No. 23-20276 (5th Cir. Jan. 5, 2024) (unpublished), available at https://www.ca5.uscourts.gov/opinions/unpub/23/23-20276.1.pdf.
[2] More information about this case and the sentencing process can be found here: https://fcpaprofessor.com/mr-murta-decided-not-fight-longer/.
