Finch McCranie Secures Dismissal Of Federal Criminal Charges Against Foreign Corporation

After over two years of litigation in the United States District Court for the Northern District of Georgia, Atlanta Division, Finch McCranie obtained the dismissal of all charges against a foreign corporation client which had been named as a co-defendant in an extremely complex case of alleged government program fraud. The client, a Kuwaiti corporation, had been indicted for allegedly conspiring to defraud the U.S. Military in connection with Prime Vendor food contracts that had been awarded to the corporation’s parent in the Iraq war theater. The firm’s client was alleged to have conspired to overcharge the government with respect to the price of food provided to military personnel and was alleged to have committed various acts of fraud in connection with the procurement and delivery of the food products. As the total amount of the military contracts at issue exceeded $8 billion over a seven year period, the potential losses allegedly attributable to the conduct were also alleged by the government to be significant.

Before the government moved to dismiss all charges against the firm’s client, Finch McCranie, LLP, through its attorneys, had filed a Motion to Dismiss the case based on jurisdictional and other legal grounds. The law concerning jurisdiction over a foreign corporate defendant is exceedingly complex in the federal criminal arena. In this particular case, the firm alleged that the government had an insufficient basis to acquire jurisdiction over this particular foreign corporation which had no business presence whatsoever in the territorial United States. In addition to these jurisdictional arguments, the firm contended that the government’s charges were deficient as a matter of law and were required to be dismissed based on such deficiencies. Just before all these legal issues were to be presented to the Court for a ruling, rather than await a possible ruling adverse to its position, and despite two years of contested litigation, the government voluntarily dismissed all charges against the firm’s client.

The style of the case is United States of America v. The Public Warehousing Company K.S.C., a/k/a Agility; and Agility DGS Logistic Services Co., K.S.C.(c), d/b/a and f/k/a PWC Logistics Services K.S.C. (c). The firm’s client was Agility DGS Logistic Services Co., K.S.C.(c).


About Lee Gutschenritter

Lee Gutschenritter is a trial lawyer dedicated to the representation of individuals who have suffered injuries and death due to the negligence of others. He has represented clients in cases throughout Georgia and has successfully litigated numerous cases in both state and federal courts.

Prior to joining Finch McCranie LLP, Mr. Gutschenritter spent several years working for one of Georgia’s largest defense firms. Insurance companies hired him to defend individuals and companies in cases involving motor vehicle accidents, tractor-trailer accidents, medical malpractice, and premises liability cases. Throughout this time period, he gained insight into the operations and strategies of insurance companies, as well as first-hand experience in the strategies used by defense attorneys. Today, Mr. Gutschenritter uses his knowledge of insurance companies and defense techniques to help ensure his clients receive the best representation possible.

Mr. Gutschenritter was recently profiled on the front page of the Daily Report. A copy of the article can be found here. In 2016 and again in 2017, Mr. Gutschenritter was selected as an Atlanta Magazine Super Lawyers “Rising Star,” an award reserved for the top 2.5% of attorneys in Georgia. He has been a featured speaker at several legal seminars around the state of Georgia. He received his Juris Doctor, cum laude, from Florida State University College of Law in 2008. While attending law school, Mr. Gutschenritter served as an articles editor on the Business Law Review and received the Distinguished Pro Bono Service Award for his volunteer work in the community.