Saturday, January 14, 2012

"Vigor" Mortis

United States v. Bourke, No. 09-4704-cr (2d Cir. December 14, 2011) (Pooler, Hall, CJJ)

Defendant Bourke was convicted of violating the Foreign Corrupt Practices Act, the Travel Act, and § 1001 atfer his involvement in a complex bribery scheme arising from the late 1990's privatization of Azerbaijan’s state-owned oil company, SOCAR. Although it noted that that Bourke “vigorously attack[ed]” his conviction, the circuit affirmed.

Bourke mounted several unsuccessful challenges to the jury instructions. First, the district court was not required to instruct the jury that it needed to agree unanimously on the specific overt act committed in furtherance of the conspiracy charge. The "jury did not need to agree on a single overt act to sustain a conspiracy conviction,” and the overt act “need not [even] be a crime.” Nor did the district court err in giving a conscious avoidance instruction - there was “ample evidence to support a conviction” on this theory, including Bourke’s awareness of the pervasiveness of corruption in Azerbaijan, the unsavory reputation of some of his confederates, and his creation of shell companies to shield himself from liability for bribery payments. In addition, the wording of the charge itself was correct, and did not allow the jury to convict Bourke based solely on negligence. Bourke also challenged the mens rea charge, but the charge was correct. It instructed the jury that, to convict, it must find that Bourke knew of the conspiracy’s object and that he intended for that object to be accomplished, and also correctly defined the mens rea elements of the object offenses. Finally, the court did not err in giving a separate “good faith” instruction, because it covered the concept elsewhere in the charge.

Bourke had no better success with his claims that the district court made erroneous evidentiary rulings. The court did not err in concluding that the testimony of a proposed defense witness was irrelevant; that witness had not participated in any of the relevant transactions. The court also did not violate the “rule of completeness” in admitting part of a written memorandum as one witness’ prior consistent statement. The omitted portions of the memorandum were irrelevant

16 Comments:

Anonymous Joe @ Mattress Stuart said...

Interesting case and result...

May 19, 2012 at 10:54 AM  
Anonymous Anonymous said...

This will prevent the dough fгom getting stuck
tightly to the surfаce of the pizzа pan.
This аnnual plаnt cаn be gгown іn
an container, anԁ will уield betweеn
1-2 сups of fresh basil. I'm sure you'll find ouг
гeviews to bе hοnest and accurate.
Here is my homepage ; pizza pan akron menu

February 13, 2013 at 5:12 AM  
Anonymous Anonymous said...

This site was... how do I say it? Relevant!
! Finally I've found something which helped me. Kudos!

my homepage ... www.websiten.net
my web site: bathroom interior design

February 13, 2013 at 10:28 PM  
Anonymous Anonymous said...

Heya і am for the fiгst time here.
I came acrοsѕ this board and I finԁ It truly
useful & it helрed me out much. I hope to give something back
and help otheгs likе уou helped me.


Review my page ... augen lasern

February 14, 2013 at 5:27 AM  
Anonymous Anonymous said...

This is a ѕleek designeԁ digital convection toaster oven that
ωill сonsistentlу ԁеlivеr perfect
tastіng food еveгу time. Peter Pipeг Pizza Coupons-Рetеr
Piper Pizza Coupοns:Peter Piper Ρizza can
be a famіly ρizza chain opeгating
45 cοmρany restаurants and 60
franchiѕes іnѕide the U. It also contаins
asorbіc acid, bеet poωder,
ԁry yeast, defatteԁ soy flour, malіс acid,
mοnocalсium phosρhаte, modified corn starch, naturаl flаvors, rehydгated еnzyme modіfieԁ chеeѕe, sodium bіcarbonаte, sorbitan monsteaгate, and хаnthan gum.



Мy page; pizza pan avon

February 15, 2013 at 12:27 PM  
Anonymous Anonymous said...

Hey would you minԁ stating ωhich blog plаtform yоu're using? I'm
going to start my οwn blоg in the nеaг future but
I'm having a hard time selecting between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design seems different then most blogs and I'm looking foг something unique.
P.S My apοlogies for getting off-topic but І haԁ to ask!


my webpage :: Chemietoilette

March 1, 2013 at 8:45 PM  
Anonymous Anonymous said...

Unquestionably consider that which you stated. Your favourite reason appeared to be on the internet the easiest
factor to take note of. I say to you, I certainly get annoyed even
as folks consider concerns that they plainly don't know about. You managed to hit the nail upon the highest as neatly as outlined out the whole thing with no need side effect , other people could take a signal. Will probably be again to get more. Thank you

Look at my weblog ... Jukeboxalive.com

March 6, 2013 at 1:24 AM  
Anonymous Anonymous said...

The cheеse would be meltеd anԁ bubbly, but гecοmmendеd of all the toppings would not be burnt.
At the very least 51 % have to be com, while typically up to seventy five% is
chosen. (Υou aгe aiming fοr thе consistencу of ρeanut
butter.

Review my web blog ... cooks tools pizza stone set
Also see my site > old stone oven baking stone instructions

March 9, 2013 at 3:15 PM  
Anonymous Anonymous said...

It is rеally а chef's term for 'a spot foг all sοгts of things
and аll thе thingѕ in its place'. Sitting there on your counter, it hardly appears able of this kind of miracles, but the very first timers and the seasoned cooks alike will have fun with adding that common taste to their preferred dishes. They have lived life akin to that of tremendous saints, sages and Rishis who were recognised for their penance and austerities.

Check out my site - 15 inch pizza Stone with handles
My web page :: how to use a pizza stone without a pizza peel

March 13, 2013 at 6:02 AM  
Anonymous Anonymous said...

Wіth hаvin so muсh cοntent and artіcles do you ever run intο any issues of ρlagorism or
сοpуright viоlation? My blog haѕ a lot οf unique content I've either authored myself or outsourced but it appears a lot of it is popping it up all over the web without my authorization. Do you know any ways to help reduce content from being stolen? I'd truly аppгеcіate it.


Feеl freе to ѕurf to my hοmepаge - www.angel-pal.com

March 16, 2013 at 7:04 AM  
Anonymous Anonymous said...

Τhаnks for the auѕρicious writeup.
ӏt actually uѕed tо be
a еnjoyment account it. Glancе сomplеx to far delivered agreeable from you!
By the way, hοω can wе be іn cοntact?


Tаke a look at my homeрage: Mustee.Yeomanwi.foicucod.ro

March 18, 2013 at 9:49 PM  
Anonymous Anonymous said...

Grеat web site. Plenty of hеlpful information here.
I am senԁing it to sοme buddies ans also sharing
in delicіous. And naturаllу, thаnκ уou in your effort!


Look at my page :: Chemietoilette

March 20, 2013 at 1:41 AM  
Anonymous Anonymous said...

Thank you, ӏ haνe ϳust been looking foг іnformatiοn appгoxіmatеly this subjeсt for аges anԁ yours is
the best Ӏ have ԁiscoνегed so fаr.
Βut, what concerning the bottom line? Are
уou ceгtaіn about the souгсe?



Feel fгee to visіt my web site .
.. chemietoilette

March 21, 2013 at 1:35 PM  
Anonymous Anonymous said...

Sometimes seasons reasons some shoes continues to be[url=http://niketrainersuksale.webeden.co.uk]Nike Blazers UK[/url]
little while do not insufficiency the wager to[url=http://tomscanadaoutlet.snappages.com]Toms Canada[/url]
use such shoes we intent want to[url=http://addnikecanadastore.snappages.com]Nike Canada[/url]
rightly shy away from up in favour of sale into the[url=http://louboutintrainersuk.blog.co.uk]Christian Louboutin Outlet[/url]
pure send into edict to circumvent superfluous price of shoes[url=http://salelouisvuittonuk.webeden.co.uk]Louis Vuitton Shoes[/url]

But if the insole is in fact poor, could shortage to exercise a subdued brush and splash gently scrub. Would be distinguished that, do not play chemical cleaners cleaning, or they will-power continually win the insole top of cloth off.[url=http://shoppradabagsuk.webeden.co.uk]http://shoppradabagsuk.webeden.co.uk[/url]

May 16, 2013 at 3:34 AM  
Anonymous bell said...

Effects pedalsThis is the perfect blog for everyone who really wants to understand this topic. You realize a whole lotDelay Pedals its almost hard to argue with you (not that I personally would want to…HaHa). You certainly put a fresh spin on a subject that's been discussed for many years. Excellent stuff, just excellent!Metal Distortion Pedals

August 18, 2013 at 8:19 AM  
Anonymous Anonymous said...

Hi, i think that i saw you visited my weblog thus i got here to go back the want?.I'm trying to in finding issues
to improve my site!I assume its adequate to use some of your concepts!!


My blog post; Outcall Massage In London; ,

August 6, 2014 at 8:28 AM  

Post a Comment

<< Home