UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA
CRIMINAL MINUTES - GENERAL
The payments from LMC to Grupo ostensibly were commissions for servicesperformed by Enrique Aguilar in his capacity as LMC’s sales representative in Mexico. Inreality, according to the indictment and to the Government in its trial presentation, largeportions of those payments were used to bribe Messrs. Moreno and Hernandez. The allegedbribes consisted primarily of the purchase of an expensive Ferrari and a fancy yacht forMoreno, payment of his American Express bills, and a number of other payments benefittingHernandez and him.The investigation and ensuing charges in this case resulted directly from an earlierinvestigation and several prosecutions in the Southern District of Texas.
United States v. ABB Inc
., No. 10-CR-664 (S.D. Tex.),
United States v. ABB Ltd.-Jordan
, No. 10-CR-665 (S.D.Tex.), and
United States v. O’Shea
,No. 09 CR-629 (S.D. Tex.). In those cases the Government alleged that the ABB entities and anABB employee paid bribes to CFE officials through a Mexican middleman named FernandoMaya Basurto and his father. The Government’s lead prosecutor in those cases was one of theDepartment of Justice prosecutors at this trial, and sometime in 2008 she initiated theinvestigation that led to the charges here.
The defendants in the ABB cases allegedly used an Enrique Aguilar-controlled entitynamed “Sorvill” to funnel at least some of those bribe payments to the CFE officials. As will beshown below, the prosecutors in this case pushed aggressively to link Sorvill to the LindseyDefendants, when in fact there was no evidence even suggesting the Lindsey Defendants everheard of Sorvill.In late December 2009 the Government obtained a sealed warrant for the arrest of Enrique Aguilar, a Mexican national. He has never been arrested and was not present at trial.But on August 9, 2010, his wife Angela Aguilar (“Angela”)
arrested, pursuant to awarrant, while she was engaged in business in Texas. That day, a complaint containing criminal
The Aguilars were the only Defendants named in the original indictment. In the FirstSuperseding Indictment, Enrique Aguilar was charged with conspiracy to violate the FCPA,substantive FCPA violations, conspiracy to commit money laundering, and substantive moneylaundering violations. Angela Aguilar was charged with conspiracy to commit moneylaundering and substantive money laundering violations.
The other DOJ lawyer did not begin to work on this case until considerably after theFirst Superseding Indictment was returned. He was not involved in the ABB cases or in thegrand jury proceedings and the non-production of grand jury transcripts that are discussedbelow.
CRIMINAL MINUTES - GENERAL
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Case 2:10-cr-01031-AHM Document 665 Filed 12/01/11 Page 3 of 41 Page ID #:17870