Legal Case Evaluation

Read Complete Research Material



Legal Case Evaluation

Legal Case Evaluation

Introduction

This case is related to the fraud being done on behalf of Konzey, and he involved other members as well in this case. Konzey is an international entrepreneur, and he violates the laws and was also involved in insider trading. The district court held him accountable for making the false statements with FBI and violating the travel and FCP acts.

Discussion

Issue

Specific Questions

Whether the parties involved in the case make false statements to FBI?

Why they just go for the critical conspiracies in order to violate FCPA and the Act of Travel?

What is the reason or conspiracy behind laundering the money?

Whether Bourke was aware of the bribes and is intended to have violations against the law? (Chernoff, et.al, 2006).

General Questions

Whether a prosecutor in general presents the testimony if, he is aware or should know that it is materially false?

Whether or not the Bourke is producing the evidence newly discovered for supporting the motion of trial of his own?

Facts for Issue

The issues in this case are:

Bourke in his convictions, having numerous challenges.

There were certain evidentiary rulings.

The evidence was not taken by the district court after hearing the motion.

The defense motion for the new trial was also declined in order to hold an evidentiary hearing.

Facts Against Issue

The case has the following issues as:

Kozney has committed a fraud in a state owned oil company of Azerbaijan.

There was a massive fraud committed by the investors.

All the parties involved in the case were held guilty for the pleas and claimed that Bourke was aware of all the payments (Chernoff, et.al, 2006).

Kozney was illegally involved and conspired others in purchasing the schemes of SOCAR by giving bribes to the Azerbaijan president and all other officials.

He was of the view that the district court is going against instructing jury.

Relevant Laws And Regulations

As per the Global Reach of the American Criminal Law, the laws and regulations applying to this particular case are related to:

The Foreign Corrupt Practices Act of 1977 (“FCPA”)

The Travel Act

The Foreign Corrupt Practices Act of 1977 (“FCPA”)

This Act is enacted in order to make the unlawful persons and entities for making payments to the officials of government for obtaining or to retain the business (www.justice.gov). As being applied to the case, the most important elements of the substantive offense that are conducted under the Act of FCP are following:

The parties ...
Related Ads