Bourke Loses Bid for New FCPA Trial in Second Legal Setback

Frederic Bourke, the co-founder of handbag maker Dooney & Bourke who yesterday lost his appeal of a bribery conviction, suffered a second setback when the judge on his case denied his request for a new trial.

The U.S. Court of Appeals in Manhattan yesterday upheld Bourke’s conviction by a jury two years ago. Separately, Bourke had asked the trial judge for a new trial or to reopen his case so his lawyers could question a prosecutor on whether a witness gave false testimony. The judge today denied that request.

U.S. District Judge Shira Scheindlin in Manhattan said in a 28-page ruling that Bourke had leapt “to the conclusion” that prosecutors presented perjured testimony. She also said that Bourke hadn’t come forward with “newly discovered evidence,” as he claimed.

Bourke, who is free on bail, was convicted of conspiring to violate U.S. anti-corruption laws by joining in a bribery scheme in an oil deal 13 years ago in Azerbaijan. He was sentenced to one year in prison.

Bourke’s lawyer, Michael Tigar, didn’t immediately return a call seeking comments on the judge’s decision.

The Bourke case is U.S. v. Bourke, 05-cr-00518, U.S. District Court, Southern District of New York (Manhattan).

To contact the reporters on this story: David Glovin in New York at dglovin@bloomberg.net;

To contact the editor responsible for this story: Michael Hytha at mhytha@bloomberg.net.

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