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Federal prosecutors have dropped their appeal of the sentence handed down in a high-profile Foreign Corrupt Practices Act case against a Hollywood film producer. The FCPA prosecution against Gerald Green, whose film credits include Werner Herzog’s Rescue Dawn, and his wife, Patricia Green, was the first against an individual in the entertainment business. A federal jury in 2009 convicted the Greens of paying $1.8 million in bribes to a high-ranking government official in Thailand in exchange for more than $13.5 million in contracts to manage the Bangkok International Film Festival. The Greens ran the festival from 2004 through 2006. A prolonged sentencing phase ensued, with federal prosecutors initially asking for 20 years in prison for each of the Greens. They later lowered their request to 10 years. Instead, U.S. District Judge George Wu in Los Angeles sentenced each to six months in prison. The Greens completed their terms in May and are serving three years of supervised release. Lead prosecutor Jonathan Lopez, now deputy chief in the asset forfeiture and money laundering section of the U.S. Department of Justice’s criminal division in Washington, gave no reason for the government’s decision in a declaration attached to a motion for voluntary dismissal filed on Aug. 23 before the U.S. Court of Appeals for the 9th Circuit. “After consideration of this matter within the United States Attorney’s Office, the Criminal Division of the Department of Justice, and the Office of the Solicitor General, the government now moves to dismiss its appeal of the district court’s determination of sentence,” he wrote. Justice Department spokeswoman Laura Sweeney declined to comment. Prosecutors filed their appeals of both sentences on Oct. 8. Originally, prosecutors had been scheduled to file their opening brief on June 29 but they requested an extension until Aug. 29. The request was granted. “The Solicitor General is reviewing the case to determine whether appeal is warranted,” Lopez wrote in a June 21 motion for extension. “The internal process has been slowed in part by the lengthy history of the case and its complicated nature.” In an attached declaration, Lopez said that Wu had scheduled six sentencing hearings in 11 months. “The charges proven at trial and the issues surrounding the sentencing are complicated in nature and the record, both during trial and during the sentencing phase, is voluminous,” he wrote. Also in June, the lead prosecutor on the case, former Assistant U.S. Attorney Bruce Searby in Los Angeles, left the U.S. attorney’s office to join Paul, Weiss, Rifkin, Wharton & Garrison’s Washington office. The move for dismissal was not opposed by lawyers for the Greens, who had appealed their convictions. Those appeals also are being dropped, according to Lopez’s motion. In preparation for his own appeal, Gerald Green had replaced his lawyer and was being represented on a pro bono basis by Harold Krent, dean of the Illinois Institute of Technology’s Chicago-Kent College of Law. Patricia Green’s lawyer is Marilyn Bednarski of Kaye, McLane & Bednarski in Pasadena, Calif. Amanda Bronstad can be contacted at [email protected]

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