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U.S. v. KAY

No. 05-20604.

513 F.3d 461 (2008)

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

United States Court of Appeals, Fifth Circuit.

January 10, 2008.

Attorney(s) appearing for the Case

Joseph Charles Wyderko (argued), Crim. Div., Ellen R. Meltzer, U.S. Dept. of Justice, Washington, DC, James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

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

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

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

Before HIGGINBOTHAM, BARKSDALE and CLEMENT, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

I

David Kay and Douglas Murphy, executives of American Rice, Inc., were indicted for bribing Haitian officials in violation of the Foreign Corrupt Practices Act (FCPA). The district court dismissed the indictment, finding that the FCPA did not apply to Defendants' conduct. We held that the bribes alleged in the indictment could fall within the scope of the FCPA and remanded. On remand, Kay and Murphy were convicted...

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