Holder's DOJ Abandons Case Against Military Suppliers Including S&W
Although a highly technical legal matter, the fact that the DOJ has abandoned this case illustrates several points that have been brought to bear against the DOJ under Holder. Personally, I believe the DOJ has overstepped its charter numerous times, potentially in a criminal fashion as opposed to merely civil, but only time will tell.
Notwithstanding the above, the is a good example of good money blown on a stupid operation and stupid prosecution by the DOJ. One of many in my book.
U.S. Dismisses Foreign Bribery Case - WSJ.com
But after several setbacks at trial they asked and received permission by the court to dismiss the case. Prosecutors said in court papers on Tuesday that in light of the previous trial failures and the "substantial governmental resources" consumed by the case, continued prosecution was not warranted.
The defendants, mostly owners or executives of small military-equipment companies as well as Smith & Wesson Holding Corp., were charged with violating the Foreign Corrupt Practices Act, which bars U.S. companies and individuals from paying bribes to foreign officials to win business. An attorney for Amaro Goncalves, a former vice president of sales at Smith & Wesson, called the sting "an abomination."
I am not bashing the FBI, but I am questioning the competence of the DOJ.
Philip Urofsky, a former FCPA prosecutor and partner at Shearman & Sterling LLP, said so-called "intent evidence" is critical in sting cases. Because the alleged crime is manufactured by the government, prosecutors have to be able to show the jury the defendants knew what they were doing was wrong and did it anyway, said Mr. Urofsky.