Case Study: US V. Alcatel-Lucent

Law360, New York (October 24, 2011, 2:55 PM EDT) -- On June 1, 2011, a federal court in Florida found that Costa Rica’s Instituto Costarricense de Electricidad (“ICE”), a state-owned enterprise (“SOE”) that provides electrical power and telecommunication services, was not a victim of Alcatel-Lucent SA’s (“Alcatel-Lucent”) bribery, and was consequently not entitled to restitution. Presiding Judge Marcia Cooke held that ICE was “essentially” in a “co-conspirator relationship” with Alcatel-Lucent in the bribery scheme Alcatel-Lucent designed to win lucrative telecommunications contracts from ICE.[1]

The ruling was subsequently upheld by the Eleventh Circuit Court of Appeals, which...
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