Sunday, April 8, 2012
In a Petition for Rehearing and Rehearing en Banc, defense counsel raises that the Second Circuit did not consider the Supreme Court's recent decision in Global Tech (for more discussion on this case see here and here). The defense argues that the 2009 conviction of Frederic Bourke Jr. for conspiracy to violate the FCPA and for making false statements was affirmed, but the jury was not apprised that reckless conduct was insufficient for conscious avoidance. Global Tech was issued after oral argument in the case.
Petition for Rehearing - Download Bourkeca2rehearingpetition