Viktor Kozeny, Frederic Bourke, Jr., David Pinkerton, Omega Advisors; Clayton Lewis; Thomas Farrell.
The district court held that prior to the 1998 amendments to the FCPA, foreign nationals who served as agents (here, a Swiss lawyer) of domestic concerns and who were not residents of the United States could not be criminally prosecuted under the FCPA because they were outside the jurisdiction of the U.S. The court dismissed the FCPA counts against him and he subsequently pleaded guilty to conspiracy to money launder.
Bodmer appeared as a cooperating witness for the government in the trail of Frederic Bourke in 2009 and according to the DOJ, is expected to testify against Viktor Kozeny if he is brought to trial.
Energy (Non-Utility)-Oil & Gas-Exploration/Production
1997; 1998; 1999
A senior Azeri government official; senior official of State Oil Company of Azerbaijan Republic ("SOCAR"); two senior officials of Azerbaijan's State Property Committee.
Hans Bodmer is a Swiss lawyer who acted on behalf of an investment consortium that engaged in bribery of Azerbaijan officials as part of a scheme, allegedly masterminded by Viktor Kozeny, to profit from the privatization of Azeri state assets.
A federal grand jury indicted Bodmer on one count of conspiracy to violate the FCPA and one count of conspiracy to launder money. The indictment sought $150 million in restitution. In January 2004, Bodmer consented to his extradition to the United States from South Korea. The district court granted Bodmer's motion to dismiss the FCPA count, holding that prior to the 1998 amendments to the FCPA, foreign nationals who served as agents of domestic concerns and who were not residents of the United States, could not be criminally prosecuted under the FCPA because they were outside U.S. jurisdiction.
Bodmer withdrew his previously entered plea of not guilty and plead guilty to conspiracy to launder money. On May 19, 2009, the District Court accepted Bodmer's guilty plea. Bodmer testified against Frederic Bourke, an alleged coconspirator who was ultimately convicted.
On August 28, 2009, the District Court adjourned Bodmer's sentencing to late February 2010. On August 18, 2010, the government requested the sentencing to be adjourned again to late February 2011. On March 6, 2013, Bodmer was sentenced to time served, and he also consented to a money judgment of $131,906.