Friday, April 29, 2011

Mum's The Word As To Perez Sentence

On January 21st, the DOJ announced (here) that Antonio Perez was sentenced to 2 years in prison in connection with the Haiti Teleco case.

I did not cover the sentence as it happened because, as I hope readers recognize and appreciate, I like to analyze things a bit before posting.

Thus, when it comes to FCPA sentences, the actual sentence only tells part of the story; the complete story requires knowledge of the sentence the DOJ was actually requesting.

For instance, the DOJ sought a 37 month sentence as to Leo Winston Smith, but the judge sentenced him to six months (see here). The DOJ sought a 38 month sentence as to Bobby Elkins, but the judge sentenced him to probation (see here). The DOJ sought a 14-17 year sentence as to Nam Nguyen, but the judge sentenced to him to 16 months (see here).

Numerous other examples abound and I've previously noted that the DOJ may be charging more individuals with FCPA violations (although in 2010, 70% of corporate enforcement actions did not involve any related enforcement action against company employees), and those individuals may be pleading guilty (perhaps because of the "carrots" and "sticks" the DOJ possesses), but when it comes time to sentencing, judges are viewing FCPA cases much differently than the DOJ.

Back to Perez.

There is nothing in the publicly filed documents that indicate the sentence the DOJ was seeking in this case.

I contacted Perez's attorney, Michael Chavies (see here) and asked him - what sentence was the DOJ seeking - the answer - no comment.

I've exchanged e-mails with the Public Affairs Office at Justice Department and, after nearly three months, I've still yet to learn the answer to the rather simple question of what sentence the DOJ was seeking as to Perez.

Perhaps someday the answer will be known and a more thoughtful analysis of the Perez sentence will be possible.

For now, mum's the word.

So ... in case you had not heard, Antonio Perez was sentenced to two years in prison and ordered to serve two years of supervised release following his prison term, and to forfeit $36,375.

For numerous prior posts on the Haiti Teleco, please visit the Haiti tab on the right.


A good weekend to all.

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