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United Statesv.Jean Rene Duperval

CourtUnited States Court of Appeals for the Eleventh Circuit
Docket No.12-13009
DecidedFebruary 9, 2015
Reporter777 F.3d 1324; 2015 WL 507906
JudgesEleventh Circuit Judges William Pryor and Jordan; District Judge Steve C. Jones sitting by designation
Tags
CriminalCriminal ProcedureFraudJury SelectionSentencing GuidelinesStatutory Interpretation
Case Summary

Jean Rene Duperval, a Haitian telecommunications official, accepted more than $400,000 in payments routed through family-controlled companies after helping Terra Telecommunications and Cinergy Telecommunications obtain or continue contracts with Haiti’s state-owned telephone company. A federal jury convicted him of two money-laundering conspiracies and nineteen concealment counts, and the district court imposed a 108-month sentence. The Eleventh Circuit held that the district court acted within its discretion by questioning jurors collectively about publicity concerning corruption in Haiti, although the court described individual questioning of one juror as preferable. It also concluded that the trial evidence supported treating Teleco as an instrumentality of Haiti under the Foreign Corrupt Practices Act and that Duperval was not entitled to a jury instruction on the Act’s narrow exception for routine governmental action because administering multimillion-dollar contracts was discretionary conduct outside that exception. The court rejected his claim that the government interfered with a defense witness and upheld sentencing enhancements for foreign conduct, managerial role, and perjury-based obstruction. It affirmed the convictions and sentence. Judge Jordan concurred, describing the juror-publicity issue as close and stating that the district court should have questioned Juror One individually about her note.

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