Last week, The Wall Street Journal ran a story on the U.S. Department of Justice’s argument to the D.C. Circuit seeking to overturn Judge Richard Leon’s decision refusing to stall a DOJ economic sanctions case against Fokker Services B.V. to allow Fokker to honor the terms of a deferred prosecution agreement (DPA) with the DOJ under the Speedy Trial Act (STA). Fokker is an aerospace service company that was accused of conspiracy to export goods and services to Iran.

The DPA noted that executives at the highest level of Fokker were aware of the criminal conduct, which involved roughly $21 million in transactions. Judge Leon upended Fokker’s $10.5 million, 18-month DPA by refusing to stop the case. He questioned the $10.5 million criminal penalty (the company also paid a $10.5 million civil penalty) and lack of a monitor. According to a brief filed in the case, it did not help that a member of the press (those rascals) sent the court information challenging the voluntariness of Fokker’s initial disclosure. The DOJ and Fokker appealed on procedural grounds. Argument was held last Friday, Sept. 11. In the event the D.C. Circuit orders additional briefing or the DOJ challenges the D.C. Circuit’s ruling (which we hope will side with Judge Leon), we have some advice on arguments the DOJ should not make to the D.C. Circuit.

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