John is joined by Avi Perry, partner in Quinn Emanuel’s Washington, D.C., office, and Brett Raffish, an associate in the same office. They discuss how the Quinn Emanuel team, led by Bill Burck and Avi Perry, achieved a rare federal white collar criminal defense victory on behalf of technology executive Charlie Kim.

The prosecution alleged that Mr. Kim and his co-CEO bribed four-star Admiral Robert Burke by offering him a lucrative post-retirement job at their company in exchange for using his position to help secure a multimillion-dollar Navy contract. They argued that the employment discussions and contract negotiations constituted an unlawful quid pro quo rather than legitimate, independent business conversations.

Avi and Brett explain the history of the case, from the initial whistleblower complaint through the indictment, pretrial strategy, two lengthy jury trials, and Mr. Kim’s ultimate acquittal. From the beginning, one of their central themes was that the parallel discussions about the Navy contract and the admiral’s post-retirement employment were conducted openly, not secretly. Mr. Kim repeatedly disclosed the conversations to investors, colleagues, family members, and others, demonstrating that he had no criminal intent, one of the essential elements of the charges. The trial team also showed that the job offer and the contract were not linked. Although the proposed multimillion-dollar contract never materialized, Mr. Kim still hired the admiral at Next Jump because the job offer was never contingent on the admiral securing the contract.

Before trial, the team moved to sever Mr. Kim’s trial from the admiral’s case because evidence against the admiral, including incriminating statements and unrelated misconduct, threatened to unfairly prejudice Mr. Kim. Mr. Kim also intended to, and ultimately did, present a defense that the admiral had lied to him during their relationship. After obtaining the rare severance, the admiral was tried, convicted, and sentenced to six years in prison. Mr. Kim’s first trial ended with a hung jury.

Using insights from juror interviews, the team refined its defense for the retrial, focusing on the absence of any true quid pro quo, Mr. Kim’s reliance on the admiral’s assurances that the discussions were ethically appropriate, and evidence showing that the admiral was hired despite the failure to secure the anticipated contract. The team also used the record from the first trial to sharpen its cross-examinations of the government’s witnesses.

Seven months later, the case was retried. At the second trial, the government repeatedly emphasized a statement in a text message that the deal was “no contract, no job.” However, the quote was taken out of context. During Avi’s cross-examination of the government’s case agent, he elicited an admission that the deal ultimately became “no contract, yes job.”

After a two-week trial, the jury deliberated for just one day before returning a verdict acquitting Mr. Kim on all charges.

Podcast Link: Law-disrupted.fm
Host: John B. Quinn 
Producer: Alexis Hyde
Music and Editing by: Alexander Rossi