Akin Gump Wins Judgment of Acquittal in High-Profile National Security Case
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(Washington, D.C.) – A federal judge in Virginia has granted the defendant’s motion for judgment of acquittal of Akin Gump client Bijan Rafiekian – a former business partner of ex-National Security Advisor Michael Flynn, who was accused of acting as a Turkish foreign agent.
Judge Anthony J. Trenga, agreeing with Akin Gump’s legal arguments, ruled that the evidence presented at trial by federal prosecutors was insufficient to support the conviction of Mr. Rafiekian, who was found guilty in July of one count of acting as an unregistered foreign agent and one count of conspiracy to violate the Foreign Agents Registration Act.
Prosecutors had alleged that Mr. Rafiekian, along with Mr. Flynn, was acting on Turkey’s behest to sway U.S. public opinion against an exiled dissident cleric that Turkey had tried to extradite from the United States. In his ruling, Judge Trenga said, “there is no substantial evidence that Rafiekian agreed to operate subject to the direction and control of the Turkish government,” concluding that no rational jury could have reached a guilty verdict on the evidence presented at trial. The judge also ordered a new trial, in the event that his acquittal order is reversed by an appeals court.
Akin Gump Supreme Court and appellate partner James Tysse was a key member of the Akin Gump team during trial – briefing and arguing the initial Rule 29 motion at trial and then making the post-verdict Rule 29 and 33 arguments that led to the judgment of acquittal. He worked in close collaboration with the Akin Gump trial lawyers, including partners and former federal prosecutors Mark MacDougall and Stacey Mitchell, along with counsel Jack Murphy, associate Adam Bereston, former associate Samantha Block and senior legal assistant Adria Hicks. Robert Trout of Trout Cacheris & Solomon PLLC served as co-counsel.
Following the court’s order, Mr. MacDougall stated, “Bijan and his family are relieved and looking forward to getting on with their lives. We are all grateful to the Court. Our system is still sturdy and, in this case, justice has been done.”
Akin Gump Strauss Hauer & Feld LLP is a leading international law firm with more than 900 lawyers in offices throughout the United States, Europe, Asia and the Middle East.
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