Barry Pollack comments on U.S. District Judge A. Howard Matz's ruling to overturn FCPA convictions against Lindsey Manufacturing Co. and two of its officers on the basis of government misconduct, including failure to hand over grand jury testimony. "I think it is a buildup over time of frustration with some of the government's repeated failures to turn over evidence to the defense to gain some tactical advantage," said Pollack. "Judges have become sensitized to some of the tactical game playing that goes on in these prosecutions and are sending a pretty clear message that they're not going to tolerate it."
"What's rare about this case is through very diligent defense counsel and a judge who required the government over time to provide more and more material to the defense, it became apparent what hadn't been turned over," Pollack said. "I think cases like Lindsey or Senator Stevens are really the tip of the iceberg. They're the cases where the fact that the government had not done what it was supposed to do became known," Pollack said. "I think more judges are willing to do something about it, but I think the cases that the misconduct is discovered are a small percentage of the cases where misconduct occurs."
Barry Pollack's quotes from this article also appear in Corporate Counsel.