In the Courts

On Dec. 14, 2011, the United States District Court for the Second Circuit affirmed the conviction of Frederic Bourke, Jr., co-founder of the well-known accessory company Dooney & Bourke, for conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and Travel Act under 18 U.S.C. ' 371, and making false statements in violation of ' 18 U.S.C. 1001. United States v. Kozeny, et. al., 667 F.3d 122 (2d Cir. 2011). The conviction was based on Bourke's role in a scheme during which transfers of stock, cash and gifts were made to senior government officials by Bourke's associate, Viktor Kozeny, a somewhat notorious international entrepreneur known as the “Pirate of Prague,” in an effort to gain control of a state-owned enterprise in Azerbaijan. Id. at 127-129.

In this appeal, Bourke challenged his conviction on numerous grounds, including challenges to particular evidentiary rulings and generally as to sufficiency of the evidence. Bourke also challenged jury instructions relating to mens rea and the “conscious avoidance” standard. Id. at 130-36. These arguments are particularly notable given that Bourke's conviction has become an important part of the FCPA canon as an example of application of the “conscious avoidance” standard.