On Wednesday, Alina Habba, the Acting U.S. Attorney for New Jersey, successfully obtained the dismissal of a protracted foreign bribery case. This development followed a federal judge’s earlier refusal to suspend the proceedings in light of President Trump’s executive order that halted the enforcement of the Foreign Corrupt Practices Act (FCPA). The case, initiated in 2019, involved two executives from Cognizant, a technology outsourcing company based in Teaneck, NJ, who were accused of facilitating bribes to an Indian official to accelerate the construction of a significant office complex in Chennai, as reported by the New York Post.
In a court filing last week, Habba stated, “After consultation with the Office of the Attorney General, the Government hereby moves to dismiss this matter. The Government’s motion is based on the recent assessment of the Executive Order’s application to this matter.”
U.S. District Judge Michael Farbiarz, located in Newark, denied a request from Habba’s predecessor, John Giordano, for a six-month postponement under the executive order. Instead, the judge presented prosecutors with two options: either continue with the trial scheduled for April 7 or submit a motion to dismiss the case. Farbiarz, appointed by former President Joe Biden, granted Habba’s dismissal motion in a concise ruling on Thursday, bypassing the additional review that had been recently mandated when federal prosecutors sought to dismiss the corruption case against New York City Mayor Eric Adams.
“The motion is granted,” Farbiarz stated in his ruling, according to The Post. While the judge managed to avoid a conflict with Habba in this instance, he remains a key figure in another significant legal matter concerning Trump’s policies. This other case pertains to his oversight of the administration’s efforts to deport former Columbia University student Mahmoud Khalil due to his anti-Israel activism. On Tuesday, Farbiarz rejected the Trump administration’s request to transfer that case to Louisiana, where Khalil is currently held.While the judge managed to sidestep a conflict with Habba in this situation, he continues to play a pivotal role in another major legal dispute concerning Trump’s policies. This particular case pertains to his supervision of the administration’s efforts to deport Mahmoud Khalil, a former Columbia University student, due to his anti-Israel activism.
On Tuesday, Farbiarz rejected the Trump administration’s proposal to move this case to Louisiana, where Khalil is currently held.
The case that was dismissed on Thursday had been ongoing against Cognizant’s former president, Gordon Coburn, and the former chief legal officer, Steven Schwartz.
Last month, Judge Farbiarz turned down a request to postpone the trial, citing a commitment from acting U.S. Attorney Vikas Khanna—who was appointed by Biden and made the statement 11 days after Trump’s order on February 10—that “the Government intends to proceed to trial” despite the 180-day delay mandated by the president. Khanna, who is the brother of Rep. Ro Khanna (D-Calif.), served as acting U.S. Attorney until March 2, remaining in the position for over a month into Trump’s presidency.
In 2019, Cognizant agreed to pay $25 million to resolve a complaint from the Securities and Exchange Commission regarding bribery of a Tamil Nadu state official, following an initial payment of $2 million in 2014. Trump has voiced support for the businessmen involved and criticized the Foreign Corrupt Practices Act (FCPA) as a hindrance to international trade.
“It sounds appealing, but it is detrimental. It harms the country, and many deals cannot be finalized because of it,” Trump remarked in February while signing the order to halt the enforcement of the FCPA.
“Nobody wants to engage in business because they fear that every phone call could lead to jail time. So, we’ll sign this, and it requires courage to do so because it only attracts negative publicity. It sounds so pleasant,” he added. Habba began her tenure with the Trump administration as a counselor to the president before being appointed as acting U.S. attorney for New Jersey, her home state.In a recent interview on “America Reports,” prior to her appointment to a new role, Habba discussed the president’s initial month back in the White House with co-hosts John Roberts and Sandra Smith, as well as the expectations for his first 100 days in office.
“There was a clear mandate established on November 5th, and we achieved significant victories across the nation, reflecting the public’s discontent with the previous administration’s actions,” she stated. “This mandate originates not from legislative history but from the American citizens who supported President Trump and his America First agenda.”
“This is our commitment moving forward. We are implementing exactly what the American people voted for, and we will persist in this endeavor,” she concluded.
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