Judge Denies Long Delay of Bribery Case in Test of Trump Order

A federal judge said he won’t allow a prolonged delay of a bribery trial following President Donald Trump’s order putting a pause to enforcement of the Foreign Corrupt Practices Act. 

Judge Michael Farbiarz in New Jersey on Tuesday denied a request for a 180-day delay to a case against two former Cognizant Technology Solutions Corp. executives in what may be the first test for Trump’s executive order. He ruled that the trial start no later than April 7. 

The case is among several that have experienced upheaval because of Trump’s executive order that calls for a halt to enforcement of the anti-bribery law while Attorney General Pam Bondi conducts a review. Trump has criticized the statute because he says it hurts American companies that try to do business in other countries. 

On Feb. 21, prosecutors in the Cognizant Technology case said they were ready to proceed to trial because the government had already conducted a review as required by Trump’s order. But last week, a new interim US attorney in New Jersey requested a 180-day delay to consider how Trump’s executive order applies.

Farbiarz wrote that it was unnecessary to wait for Bondi to review all FCPA cases before the Cognizant Technology trial could move forward. 

“It is apparent that the Attorney General is actively reviewing certain cases and coming to conclusions about them, before completing her broader Executive Order review of all of the Nation’s FCPA cases,” he wrote. 

The former Cognizant Technology executives, Gordon Coburn and Steven Schwartz, were charged during the first Trump administration with approving a $2 million payoff to secure a construction permit for a new building in India. 

A spokesperson for Schwartz and an attorney for Coburn declined to comment. The DOJ couldn’t be immediately reached.

The FCPA, which was enacted in 1977, bars a company or person with US links to pay or offer gifts to foreign officials as a way to win business overseas. More than 40 other countries have adopted similar regulations. While Trump criticized the law during his first term, the DOJ still filed dozens of cases between 2017 and 2021.

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