Court Approves DPA for Pro Bono Client
Publications
November 23, 2021
Jenner & Block secured a deferred prosecution agreement for pro bono client Pheerayuth Burden, who had been convicted of violating the Arms Export Control Act by sending gun parts to Thailand without a license. At trial, the main testimony against Mr. Burden came in by deposition because the cooperating witness was unavailable to testify live. The firm took the case on appeal to the DC Circuit, arguing that the introduction of the deposition evidence violated Mr. Burden’s Sixth Amendment right to confront witnesses against him; we argued that the witness’s unavailability could not excuse the violation because the government itself procured that unavailability by deporting the cooperating witness before trial without making any plans to bring him back. The DC Circuit agreed and vacated Mr. Burden’s conviction, remanding for a new trial.
On remand, the firm team successfully negotiated a deferred prosecution agreement that will allow Mr. Burden to be free from burdensome pretrial release conditions and will ultimately allow for dismissal of the charges with prejudice.
The team was led by Partner Lindsay C. Harrison, with critical support from Partner David Bitkower.
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© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
Publications
November 23, 2021
Jenner & Block secured a deferred prosecution agreement for pro bono client Pheerayuth Burden, who had been convicted of violating the Arms Export Control Act by sending gun parts to Thailand without a license. At trial, the main testimony against Mr. Burden came in by deposition because the cooperating witness was unavailable to testify live. The firm took the case on appeal to the DC Circuit, arguing that the introduction of the deposition evidence violated Mr. Burden’s Sixth Amendment right to confront witnesses against him; we argued that the witness’s unavailability could not excuse the violation because the government itself procured that unavailability by deporting the cooperating witness before trial without making any plans to bring him back. The DC Circuit agreed and vacated Mr. Burden’s conviction, remanding for a new trial.
On remand, the firm team successfully negotiated a deferred prosecution agreement that will allow Mr. Burden to be free from burdensome pretrial release conditions and will ultimately allow for dismissal of the charges with prejudice.
The team was led by Partner Lindsay C. Harrison, with critical support from Partner David Bitkower.
Related Capabilities
Related Locations
© 2026 Jenner & Block LLP. Attorney Advertising. Jenner & Block LLP is an Illinois Limited Liability Partnership including professional corporations. This publication, presentation, or event is not intended to provide legal advice but to provide information on legal matters and/or firm news of interest to our clients and colleagues. Readers or attendees should seek specific legal advice before taking any action with respect to matters mentioned in this publication or at this event. The attorney responsible for this communication is Brent E. Kidwell, Jenner & Block LLP, 353 N. Clark Street, Chicago, IL 60654-3456. Prior results do not guarantee a similar outcome. Jenner & Block London LLP, an affiliate of Jenner & Block LLP, is a limited liability partnership established under the laws of the State of Delaware, USA and is authorised and regulated by the Solicitors Regulation Authority with SRA number 615729. Information regarding the data we collect and the rights you have over your data can be found in our Privacy Notice. For further inquiries, please contact dataprotection@jenner.com.
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