Quimbee logo
DMCA.com Protection Status
From our private database of 16,800+ case briefs...

United States v. Kozeny

United States District Court for the Southern District of New York
582 F. Supp. 2d 535 (2008)


Frederic Bourke (defendant) was charged with violating the Foreign Corrupt Practices Act (FCPA) for making payments to Azerbaijan officials in order to have a state-owned oil company privatized. Azeri law criminalized the bribing of officials but relieved a person of criminal liability if the bribe was reported by the person making it or if the official extorted the bribe. The FCPA included an affirmative defense for payments that were legal under the laws of the country where made. Bourke asked for a jury instruction on the affirmative defense, because he was relieved of liability under the Azeri law on the ground that he was extorted into making the payment. The United States (plaintiff) argued the instruction should not be included, because the payment was illegal under Azeri law.

Rule of Law


Holding and Reasoning (Scheindlin, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 449,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 449,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,800 briefs, keyed to 224 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial