Holder's DOJ Abandons Case Against Military Suppliers Including S&W

Holder's DOJ Abandons Case Against Military Suppliers Including S&W

This is a discussion on Holder's DOJ Abandons Case Against Military Suppliers Including S&W within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; 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 ...

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Thread: Holder's DOJ Abandons Case Against Military Suppliers Including S&W

  1. #1
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    Thumbs down 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."
    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.
    I am not bashing the FBI, but I am questioning the competence of the DOJ.
    Last edited by Rock and Glock; March 27th, 2012 at 01:23 PM.
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    After Fast & Furious I call in question anything the DOJ and holder does.
    When you have to shoot, shoot. Don't talk.
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    To be perfectly honest Holder needs to go his Incompetence shows in everything he does,but maybe that's a good thing
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    --Mayor Marion Barry, Washington , DC .

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    I wish we could sue him for damage to the name ;)

    Seriously, however, it would not be implausible to try him for treason given the damage he has done to the country and that he swore to defend and protect the Constitution. From the Philly voting scandal to F&F, his actions have been treasonous. Just my $0.02.
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    I'm unable to read the entire story from that link.

    The foreign bribery statute has always been an odd one, because it prohibits US businesses from engaging in
    practices that are customary and part of the way things are in many other lands. Hence, we place ourselves at a
    competitive disadvantage. But, it is the law and needs to be upheld.

    Stings, are always questionable things that skirt the edges of entrapment.

    These type of cases usually have long histories, and since I can't see the whole article, I wonder when the investigation
    was started, for what reason, when was an indictment obtained and by which US attorney's office, appointed by which
    President? I don't like the Holder bashing. Every administration inherits a backlog of cases and must go as best they can where the evidence and GJ leads them to go. Sometimes very minor mistakes, a wrong word at the wrong time, can take a case down or conversely, gain a conviction.

    @K I don't see how enforcing a long established law amounts to treason. We need less hyperbolic language in our
    political discourse. (see my signature line)
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    Quote Originally Posted by Hopyard View Post
    @K I don't see how enforcing a long established law amounts to treason. We need less hyperbolic language in our
    political discourse. (see my signature line)
    Hop - not sure how refusing to enforce the law is enforcing a long established law. My comment was on the fact that they are NOT enforcing the law and this is not the only case.
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

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    Quote Originally Posted by msgt/ret View Post
    After Fast & Furious I call in question anything the DOJ and holder does.
    you think? holder should be let go of his duties.

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    I am not bashing the FBI, but I am questioning the competence of the DOJ.
    I'm bashing the FBI AND questioning the competence of the DOJ. The FBI put together a "sting" operation that blew up in their faces. More of the story:

    UPDATE 1-U.S. drops remaining charges in arms bribery case | Reuters

    A U.S. district judge said he would grant the Justice Department's request to dismiss its case against Jonathan Spiller, a British citizen residing in the United States, and two Americans, Haim Geri and Daniel Alvirez. The three had previously pleaded guilty to conspiring to violate a U.S. foreign bribery law, the Foreign Corrupt Practices Act.

    The defendants were charged with trying to bribe a supposed Gabonese defense minister - actually an undercover agent acting in an elaborate operation run by the Federal Bureau of Investigation. All three were in the business of supplying military and law enforcement equipment.

    .................................................. .................................................. .................................................. .....................

    The executives, who included a former Secret Service agent and a Smith & Wesson Holding Co executive, had been told they were bidding to equip the military of Gabon and that they would have to add a 20 percent "commission" to price quotes - with the extra money to be split between the purported defense minister and others.

    Over the last two years since the arrests, the Justice Department's case fell apart because prosecutors were unable to convince two juries during lengthy trials that what the defendants did was in fact illegal.

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    Quote Originally Posted by Hopyard View Post

    Stings, are always questionable things that skirt the edges of entrapment.

    I don't like the Holder bashing.
    stings are nowhere near entrapment, entrapment is when a person known to be a LE officer entices or otherwise coerces a person to do something illegal then busts them for it, when stings are performed the person committing the illegal act may be dealing with a LE official but they are undercover and not known to the actor as being a LE official
    (example: I'm on duty in uniform detaining an intoxicated person, but tell them to go ahead and drive their vehicle from the bar, then I stop the car and arrest them for DUI.....that is entrapment)

    I don't like Holder bashing our country through his screwups, getting agents killed, prosecuting BP agents for protecting our country's borders, and being an outright liar
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    Quote Originally Posted by ksholder View Post
    Hop - not sure how refusing to enforce the law is enforcing a long established law. My comment was on the fact that they are NOT enforcing the law and this is not the only case.
    What R&G points to in post 1 is a botched investigation (we don't know when it was started and in any case these things
    happen through out LE), and an unsuccessful prosecution, again something which happens with regularity in every
    jurisdiction where any type of case may be prosecuted.

    I don't see how losing a case equates to "refusing to enforce the law is enforcing a long established law."
    It seems they attempted to enforce he Foreign Corrupt Practices Act, but failed to gain a conviction. That is unfortunate.
    How you get from there to "treason" in post 4 staggers my imagination.
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    Quote Originally Posted by Hopyard View Post
    How you get from there to "treason" in post 4 staggers my imagination.
    Re-read post 4 all the way through. F&F and the NBP Philly cases are enough to get treason from my point of view.
    It's the Land of Opportunity, not the Land of Entitlements - Vote America!!!

    "When governments fear the people there is liberty. When the people fear the government there is tyranny." Thomas Jefferson

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    mel
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    If Obama didn't have Biden and Holder, just think about how much attention he would be getting, instead it is placed on Beavis and Butthead.

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    @ K--- We obviously have a 180 difference of opinion here.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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