Judge Agrees to Delay Former Alstom Executive's Bribery Trial
20 Août 2019 - 11:52PM
Dow Jones News
By Dylan Tokar
A federal judge granted former Alstom SA executive Lawrence
Hoskins a brief reprieve from his upcoming trial, but rejected
claims that his constitutional rights had been violated.
Mr. Hoskins, a former Alstom senior vice president, failed to
show that years of delays to his trial had violated his Fifth
Amendment and Sixth Amendment rights as well as the Speedy Trial
Act, U.S. District Judge Janet Bond Arterton ruled Monday.
Mr. Hoskins, who was arrested in 2014, is charged with helping
organize a scheme from 2002 to 2004 to bribe Indonesian government
officials to win a $118 million power contract for Alstom.
His trial has been delayed because of overseas document requests
and a lengthy appeal by the U.S. Justice Department of a ruling by
Judge Arterton that set new limits on who prosecutors can charge
with conspiring to violate the U.S. Foreign Corrupt Practices
Act.
A lawyer for Mr. Hoskins didn't immediately respond to a request
for comment on the ruling.
The case is one of the longest running FCPA cases currently
being litigated, and has raised significant legal questions about
the foreign bribery law.
In July, Mr. Hoskins filed an unexpected motion to dismiss the
charges against him on constitutional grounds.
The former executive also has asked for more time to review new
evidence obtained by prosecutors from his time at Alstom. Judge
Arterton last week granted his request, pushing the trial date back
nearly two months to Oct. 28.
Mr. Hoskins's failure to assert his right to a speedy trial
earlier, coupled with his own insistence that he needed additional
documents to craft his defense, undercut the former executive's
argument that his Sixth Amendment rights were violated, the judge
wrote Monday.
The Sixth Amendment and the Speedy Trial Act protect an
individual's right to a trial without unnecessary delays. The Fifth
Amendment sets out due process protections.
Mr. Hoskins had argued that the Fifth Amendment had been
violated because prosecutors took a decade to charge him for the
allegations in question.
The former executive hadn't demonstrated how the length of time
that has passed since his indictment on Foreign Corrupt Practices
Act charges would harm his ability to defend himself at trial,
Judge Arterton wrote.
Alstom resolved the Justice Department's FCPA probe in 2014, by
agreeing to pay $772 million. The French company's power business
was sold to General Electric Co. in 2015.
Write to Dylan Tokar at dylan.tokar@wsj.com
(END) Dow Jones Newswires
August 20, 2019 17:37 ET (21:37 GMT)
Copyright (c) 2019 Dow Jones & Company, Inc.
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