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U.S. v. KOZENY

Docket No. 09-4704-cr(L).

667 F.3d 122 (2011)

UNITED STATES of America, Appellee, v. Viktor KOZENY, David Pinkerton, Defendants, Frederic Bourke, Jr., Defendant-Appellant, Landlocked Shipping Co., Dr. Jitka Chvatik, Petitioners.

United States Court of Appeals, Second Circuit.

Decided: December 14, 2011.

Attorney(s) appearing for the Case

Michael E. Tigar , Law Office of Michael E. Tigar, Pittsboro, N.C. ( John D. Cline , Law Office of John D. Cline, San Francisco, Cal.; Harold A. Haddon , Saskia A. Jordan , Jason C. Middleton , Haddon, Morgan & Foreman, P.C., Denver, Colo., on the brief), for Defendant-Appellant Frederic Bourke Jr.

Harry A. Chernoff , Assistant United States Attorney for the Southern District of New York ( Preet Bharara , United States Attorney for the Southern District of New York, Iris Lan , Andrew L. Fish , Assistant United States Attorneys for the Southern District of New York; Robertson Park , Assistant Chief, Fraud Section, United States Department of Justice, on the brief) New York, NY, for Appellee the United States of America.

Before: POOLER and HALL, Circuit Judges.

POOLER, Circuit Judge:

Azerbaijan reclaimed its independence in 1991 following the collapse of the Soviet Union, gaining control over its rich stores of oil and natural gas. In the mid-1990s, Azerbaijan began privatizing various state assets. The candidates for privatization included the state-owned oil company, SOCAR. The government alleged that in an attempt to capitalize on this opportunity, Viktor Kozeny and Frederic Bourke Jr. conspired with others in a scheme...

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