FCPA Case: U.S. v. Aguilar (Lindsey Mfr.)

Lindsey Manufacturing was the first company to be tried and convicted of FCPA violations. A jury in the Central District of California found the company, a privately held manufacturer for electrical transmission and related products, guilty of one count of conspiracy to violate the FCPA and five counts of FCPA violations in May 2011 for its alleged involvement in making payments to a Mexican state-owned utility company.  In December 2011, an U.S. District Court Judge, A. Howard Matz, ruled that the prosecution had engaged in blatant misconduct and committed egregious Brady violations. The convictions were vacated and the indictment was dismissed. In May 2012 the Department of Justice voluntarily dismissed the case.

News

"Government Dismisses Lindsey Manufacturing Case Appeal," White Collar Crime Prof Blog, May 25, 2012.

"Judge Dismisses Landmark Bribery Conviction, Rips DOJ," The Wall Street Journal, December 1, 2011. [Related story on Government’s appeal here]

"Lindsey Manufacturing Defendants Convicted On All Counts," Wall Street Journal Law Blog, May 10, 2011.

"Lindsey Case: Judge Issues Written Ruling on 'Foreign Official,'" The FCPA Blog, April 21, 2011. [Related coverage and analysis here and here]  

"Historic Test For FCPA In Lindsey Trial," The FCPA Blog, April 1, 2011.

Defense Filings

Defense Reply to Government's Opposition to the Defendants' Supplemental Brief in Support of Motion to Dismiss the Indictment with Prejudice Due to Repeated and Intentional Government Misconduct, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031(A)-AHM (C.D. Cal. Sept. 25, 2011)

Defense Supplemental Brief in Support of Motion to Dismiss the Indictment with Prejudice Due to Repeated and Intentional Government Misconduct, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031(A)-AHM (C.D. Cal. July 25, 2011)

Defense Reply Brief in Support of  Motion to Dismiss the Indictment with Prejudice Due to Repeated and Intentional Government Misconduct, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031(A)-AHM (C.D. Cal. June 16, 2011)

Motion to Dismiss the Indictment with Prejudice Due to Repeated and Intentional Government Misconduct, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031(A)-AHM (C.D. Cal. May 9, 2011) 

Reply to Government's Opposition to Motion to Dismiss the Indictment, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031(A)-AHM (C.D. Cal. March 17, 2011)

Motion to Dismiss the Indictment, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031(A)-AHM (C.D. Cal. Feb. 28, 2011)

Government Filings

Government's Response to Defense Supplemental Brief in Support of Motion to Dismiss the Indictment with Prejudice Due to Repeated and Intentional Government Misconduct, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031(A)-AHM (C.D. Cal. Sept. 5, 2011)

Government's Response to Motion to Dismiss the Indictment with Prejudice Due to Repeated and Intentional Government Misconduct, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031(A)-AHM (C.D. Cal. June 6, 2011)

Opposition to Motion to Dismiss the Indictment, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031(A)-AHM (C.D. Cal. March 10, 2011)

Court Orders & Transcripts

Order Granting Motion to Dismiss, United States v. Enrique Faustino Aguilar, et al., No. CR 10-01031(A)-AHM (C.D. Cal. Dec. 1, 2011)

Court Order Requiring Government Disclosure, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031(A)-AHM (C.D. Cal. June 27, 2011)

Court Judgment and Sentencing Order for Aguilar, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031(A)-AHM (C.D. Cal. June 3, 2011)

Order Denying Motion to Dismiss the Indictment, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031(A)-AHM (C.D. Cal. April 20, 2011)

Transcript, Hearing on Motion to Dismiss the Indictment, United States v. Enrique Faustino Aguilar, et al., No. CR 10-1031(A)-AHM (C.D. Cal. April 1, 2011) 

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