Tuesday, July 3, 2007

SDNY Dismisses Counts in FCPA Indictment on Statute of Limitations Grounds

In a recent ruling, the Southern District of New York issued an opinion dismissing all counts of an Indictment, except false statement counts.  The government argued that the statute of limitations should be tolled "based on the government's official requests for foreign evidence from the Netherlands and Switzerland.  In rejecting this argument, the court stated that "because the government did not move to "'suspend the running' of the statute of limitations until after it had expired, the government is not entitled to any tolling under section 3292."

This case presents the difficult situation of trying to obtain evidence from a foreign country in a timely manner. Letters rogatory and use of treaties to secure this evidence can take time.  In these situtations the government has the ability to request an extension from the court.  The problem in this case was that the government did not make a timely request to the court.

The decision -

Download kozeny_order_on_motion_to_dismiss_on_sol_grounds.pdf



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