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Re: magicatlast post# 197609

Thursday, 02/04/2010 6:17:39 PM

Thursday, February 04, 2010 6:17:39 PM

Post# of 361860
magicatlast, what is your background, i wonder. i mean i don't wish to be unkind, but your words fail to distinguish what i wrote, in any meaningful way. i am confident i state the general rule correctly. Having practiced law for almost 3 decades with federal law enforcement, i have no questions or doubts on the issue. But, help me out here, if the "investigatee" or as they are more usually referenced the target agrees to extend the sol, would it not be as a result of an agreement to a request by the prosecution? why else would it happen. and would not that be an agreement with all the parties as i suggested? am I missing something? are you not saying exactly what i said. if it is, what is your point in attempting to say i'm wrong? i don't get it.

Even your special exception, which is what it appears to be, if you are referring to prosecutions involving companies bribes to foreign powers under the FCPA, still requires a petition because the so called other party or discovery material about the other party is not within the jurisdiction of the federal court. the petition, which may even be ex parte, (i cant exactly remember) is in a sense asking the court to step in for the other party (loosely stated) and agree to the extension of the sol because of the foreign nature of case. there are also special tolling provisions as i recall that take the sol considerations under FCPA out of the normal sol analysis.

I just don't think you really understand what you are talking about if i consider it in response to what i wrote If you have more experience and can correct or distinguish my statement of the general rule with legitimate contrary authority, please by all means, present it.

alwright, regarding your comment--i don't care, i rather doubt you can--but i certainly won't stop your trying.


from a larger point of view. this little exchange has provided a great deal of insight into the responses some fairly knowledgeable oil people get here on this board. I do sympathize. I think there are a great deal of responses made here where folks appear not to understand what they respond to. Whether that failure is born of plain ignorance, invincible ignorance or a furthering of some agenda is not for me to say. but it appears that much is said more designed to see ones words in print rather than making a contribution to a fuller understanding of an issue.
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