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U.S. v. KAY

No. 02-20588.

359 F.3d 738 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. David KAY; Douglas Murphy, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed February 4, 2004.

Attorney(s) appearing for the Case

Philip Eric Urofsky (argued), U.S Dept. of Justice, Fraud Section Crim. Div., Washington, DC, for Plaintiff-Appellant.

Reid H. Weingarten (argued), Brian Matthew Heberlig, Erik Lloyd Kitchen, Steptoe & Johnson, Washington, DC, for Kay.

Robert Jon Sussman, Charley A. Davidson, Hinton, Sussman, Bailey & Davidson, Houston, TX, for Murphy.

Rada Lynn Potts, U.S. SEC, Washington, DC, for SEC, Amicus Curiae.

Mark H. Tuohey, Meghan Suzanne Skelton, William E. Lawler, III, Vinson & Elkins, Washington, DC, for Harris, Amicus Curiae.

Martin J. Weinstein, Foley & Lardner, Washington, DC, for Mattson, Amicus Curiae.

Before WIENER, BENAVIDES and DENNIS, Circuit Judges.

WIENER, Circuit Judge:

Plaintiff-appellant, the United States of America ("government") appeals the district court's grant of the motion of defendants-appellees David Kay and Douglas Murphy ("defendants") to dismiss the Superseding Indictment1 ("indictment") that charged them with bribery of foreign officials in violation of the Foreign Corrupt Practices Act ("FCPA").2

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