Second Circuit Upholds Conscious Avoidance Instruction in 2009 FCPA Bribery Case Involving Azeri Officials

Summary

Second Circuit Upholds Conscious Avoidance Instruction in 2009 FCPA Bribery Case Involving Azeri Officials The passage outlines legal reasoning in a FCPA appellate decision, providing details on affirmative defenses and the conscious avoidance doctrine. While it offers concrete case law and procedural insights useful for future investigations of similar bribery schemes, it does not implicate high‑level officials, major financial flows, or novel wrongdoing beyond what is already public record. Key insights: Defendant created two U.S. companies to shield investors from liability for alleged bribes to Azerbaijani officials.; Court affirmed that the defendant had "serious concerns" and deliberately avoided learning the details of the partner's conduct.; Affirmative defenses under the FCPA (local law and bona fide business expenditure) were discussed and rejected in this case.