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U.S. v. KAY

No. 05-20604.

513 F.3d 432 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. David KAY; Douglas Murphy, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 24, 2007.

Attorney(s) appearing for the Case

Joseph Charles Wyderko (argued), U.S. Dept. of Justice, Criminal Div., Ellen R. Meltzer, U.S. Dept. of Justice, Washington, DC, James Lee Tuner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

Reid H. Weingarten, Brian Matthew Heberlig, Bruce C. Bishop (argued), David M. Fragale, Steptoe & Johnson, Washington, DC, for David Kay.

Kevin K. Russell, Thomas C. Goldstein (argued), Goldstein & Howe, Washington, DC, for Douglas Murphy.

John D. Cline, Peter E. Davids, Jones Day, San Francisco, CA, William E. Rittenberg, Rittenberg & Samuel, New Orleans, LA, for National Ass'n of Criminal Defense Lawyers, Amicus Curiae.

Before HIGGINBOTHAM, BARKSDALE and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

David Kay and Douglas Murphy, executives at an American company that exported rice to. Haiti in the 1990's, paid Haitian officials to reduce duties and taxes on their rice. Kay disclosed this activity to the attorney for his employer, the SEC investigated, and Murphy and Kay were prosecuted for violating the Foreign Corrupt Practices Act ("FCPA" or "the Act"). The district court dismissed...

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