Wednesday, February 18, 2009 9:33:16 PM
A standard feature of deferred prosecution agreements is a waiver of the statute of limitations for claims not already time barred. But an agreement to toll any applicable statute of limitations during an internal FCPA investigation is unusual. Did the DOJ ask for the waiver to protect itself against another legal setback like the one it suffered in the high-profile FCPA prosecutions of Victor Kozeny and his co-defendants, Frederic Bourke, Jr. and David Pinkerton? The three were on trial for an alleged scheme to bribe senior government officials in Azerbaijan to ensure the privatization of the state oil company. But in June 2007, the U.S. District Court for the Southern District of New York dismissed all FCPA and related counts against them because the five-year statute of limitations had run. The DOJ has appealed, saying the limitations period should have tolled automatically while prosecutors tried to collect evidence from foreign countries. Meanwhile, a court in the Bahamas ruled that Kozeny cannot be extradited to the U.S. on the dismissed FCPA charges.
Can you see the thread??? Anything automatic..seems not. Need a court ruling.
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