Monday, May 9, 2011

Victims' Rights - Objections to Plea and DP

An interesting Petition was filed by the Instituto Costrarricense de Eletricidad (ICE) objecting to the plea agreement and deferred prosecution agreement between Alcatel-Lucent France, S.A., Alcatel-Lucent Trade International, A.G., and Alcatel Centroamnerica, S.A. with the Department of Justice.  Victim's rights are now something DOJ needs to be aware of as 18 U.S.C. s 3771 provides specific statutory obligations. In this petition, the claimants argue that "the deal between Alcatel Lucent and the government allows the Company to conceal the information relating to its criminal conduct; resolve all criminal exposure through the payment of a fine below the legal required minimum; provides immunity for the companies from prosecution beyond paying these insufficient fines; avoid required presentence procedures; avoid a criminal conviction for Alcatel Lucent S.A. and thereby appropriate administrative restrictions applicable to convicted criminals; and further avoid legally required restitution."  With increased oversight and transparency in deferred prosecution agreements, it will be interesting to see if we start seeing more of these type of motions.

Attorneys handling this case are from Wiand Guerra King(George Guerra, Gianluca Morello, Dominique H. Pearlman, and Jordan Maglich).


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