There are two events coming up that I wish I could attend. Alas.
The first is an oral argument in the Central District of California, Southern Division (in Santa Ana). In US v. Carson, the defendants are raising in pre-trial motions a request to dismiss the indictment. Their argument is that the bribes alleged in the case were not paid to “foreign officials,” as defined in the FCPA. The foreign officials in the case are employees of state-owned entities. Gibson Dunn is arguing that if the government wants to include employees of state-owned entities in the statute’s definition of “foreign official,” they should lobby Congress to say so. I’ve said for a while that no corporation would fight charges, so no law could be made. I also said that if law were to get made, it’d be through an individual defendant fighting. It seems I was proved right. There is a double-edged-sword quality to the DOJ going after individuals.
I suspect it’s an uphill battle for Gibson Dunn, but they are ferociously good lawyers, so don’t count them out quite yet. The brief can be found here. If you happen to be in Santa Ana on March 21st at 8:30am, you should definitely stop by the Courthouse. Andrew Gentin, Doug McCormick, and Hank Walther are appearing for the US.
The second event I wish I could attend is the WorldCompliance FCPA Tour. Even though I’m insulted I didn’t receive an invitation, I’d still love to go. (It reminds me of this old movie about someone killing the great chefs of Europe. In a group of chefs, one says, “I don’t know which would be worse, being targeted by this killer or not being targeted.” Meaning, of course, that not being targeted meant you weren’t one of the great chefs). Richard Cassin of The FCPA Blog, Tom Fox, Michael Volkov will all be there. If I could go, I’d feel like a groupie, and I’d be in the front row. But alas, I can’t make this one either. If you happen to be in Houston on March 10th, you’d be crazy not to go to the Hilton Houston Post Oak.
More information on that here.
PS. I googled the great chefs of Europe thing. See it at IMDB here. It’s creatively entitled, “Who is Killing the Great Chefs of Europe”.