Logourl black
From our private database of 14,100+ case briefs...

United States v. Kozeny

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


Facts

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

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Scheindlin, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

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 97,000 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 221,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.