Prosecutors are relying on an unusual use of the Foreign Corrupt Practices Act in their case against former U.S. Rep. Richard Jefferson, analysts say.
Jefferson, a former longtime Democratic congressman from New Orleans, is on trial in Arlington, Va., charged with violating the act, as well as counts of conspiracy to solicit bribes by a public official and deprive the citizens of the honest service of their elected representative by wire fraud, The (New Orleans) Times-Picayune reported Monday.
Legal scholars say Jefferson is only the second U.S. public official ever charged under the act.
“Juries do not like to hear about bribes to foreign officials — and there are very, very few defenses from FCPA charges,” Richard Cassin, an international attorney based in Singapore who formerly practiced law in New Orleans, told the newspaper. And yet, he said, “the evidence in this case looks a little thin.”
Washington attorney Roberto Facundus, who teaches a course on the act at Tulane Law School, said Jefferson’s defense that he wasn’t performing official duties while taking bribe money from an FBI informant in 2005 wouldn’t matter under the law.
UPI
