MIAMI – June 28, 2022 – In a rare and complete victory, a Greenberg Traurig, P.A. team of Litigation and White Collar Defense & Special Investigations attorneys led by Jed E. Dwyer and Stephanie Peral achieved dismissal of the sole remaining charge against Roger “Richard” Boncy.
Boncy is a Haitian national and U.S. citizen the federal government alleged had conspired to funnel bribes from the non-profit National Organization for the Advancement of Haitians to high-level Haitian government officials. Since his indictment, Boncy has maintained that he was innocent and that two calls the FBI destroyed would prove his innocence. Boncy maintained that in those destroyed calls he did not agree with any plan that 5% of the cost of a construction deal in Haiti was intended for bribes. This 5% for bribes, was, as the First Circuit explained after a review of the record, “a key part of the government’s conspiracy theory.” United States v. Baptiste, 8 F.4th 30, 38 (1st Cir. 2021).
Boncy has always maintained that he never agreed with this “key” part of the government’s case. Boncy took this position since his indictment, throughout his previous trial, and up to his upcoming trial on July 5, 2022. All the while, the government remained steadfast in opposing Boncy’s innocence.
But on Friday, June 24, 2022, after Boncy took the unusual step of making a preservation demand on the government, the government “discovered” and disclosed to Boncy that it had certain exculpatory text messages between FBI agents.
These texts – sent on the same day of the destroyed calls – specifically referenced the contents of the destroyed calls. In those texts, consistent with Boncy’s long-held defense, the FBI agent explicitly stated that “Richard said 5% social program money is absolutely not for bribes.” This is exactly what Boncy has claimed all along. And, more egregiously, the existence and content of these texts are directly at odds with the FBI special agents’ testimony throughout this case.
“It is clear now that Richard is innocent; no ifs, ands, or buts about it. The government agrees and today dismissed the sole remaining count against our client,” Dwyer said. “Richard has always maintained he did nothing wrong and the evidence the FBI withheld proves that.”
“We would like to thank the court, specifically Judge Burroughs who prioritized justice throughout. Judge Burroughs truly honored, respected, and protected Richard’s rights from day one. Her respectful, quiet command that the law be followed, and that justice be done, was a breath of fresh air. Our client and we are forever grateful.”
“Our client, Richard, had the courage to stand up to the government, which is a rarity these days. He was adamant in his innocence and his commitment to proving his innocence. Too often the government rides roughshod over defendants. Not Richard. He is a man of conviction, courage, and heart. We are proud to stand with him today.”
As Dwyer noted, “Today is a great day – a day when justice prevails. We are grateful for the crucible of the courtroom.”
The Greenberg Traurig team in the matter also includes Shareholders Mark A. Berthiaume and Jay A. Yagoda.
About Greenberg Traurig’s White Collar Defense & Special Investigations Practice: Greenberg Traurig’s White Collar & Special Investigations Practice comprises over 60 experienced and knowledgeable global practitioners prepared to tackle whatever new challenges may arise, whenever they may arise. The team includes a number of former prosecutors from U.S. and non-U.S. enforcement agencies, with a wide array of experience and intimate knowledge of the highest levels of federal and state government.
About Greenberg Traurig: Greenberg Traurig, LLP has more than 2400 attorneys in 43 locations in the United States, Europe, Latin America, Asia, and the Middle East. The firm, often recognized for its focus on philanthropic giving, innovation, diversity, and pro bono, reported gross revenue of over $2 Billion for FY 2021. The firm is consistently among the top firms on the Am Law 100, Am Law Global 100, NLJ 250, and Law360 (US) 400. On the debut 2022 Law360 Pulse Leaderboard, it is a Top 15 firm. Greenberg Traurig is Mansfield Rule 4.0 Certified Plus by The Diversity Lab and net carbon neutral with respect to its office energy usage. Web: www.gtlaw.com.