Case Study: US V. Bourke

Law360, New York (January 12, 2012, 12:33 PM EST) -- On Dec. 14, 2011, the U.S. Court of Appeals for the Second Circuit upheld Frederic Bourke’s somewhat controversial conviction in 2009 for conspiracy to violate the Foreign Corrupt Practices Act and the Travel Act, and for making false statements to an FBI agent.

The long-awaited decision reaffirms the U.S. Department of Justice’s ability to successfully establish actual knowledge of corruption through the presentation of circumstantial evidence of “conscious avoidance,” and paves the way for similar cases to be brought in the future. It also sends a clear shot across the bow to international investors, arguably creating a de facto standard of...

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