A US judge erred when deciding to toss out a lawsuit brought by the Justice Department that would have forced casino magnate Steve Wynn to register as a foreign agent, according to an appeal filed Friday in Washington.
(Bloomberg) — A US judge erred when deciding to toss out a lawsuit brought by the Justice Department that would have forced casino magnate Steve Wynn to register as a foreign agent, according to an appeal filed Friday in Washington.
The Justice Department claimed that Wynn should have registered under the Foreign Agent Registration Act when he lobbied the Trump administration several years ago on behalf of China. Last year, US District Judge James Boasberg ruled that the government can’t force Wynn to register since years have passed since he was obligated to file a statement.
The government warned in its filing with the US Court of Appeals for the DC Circuit that the decision by Boasberg would open up an “opportunity for gamesmanship” where individuals will be less likely to register as foreign agents knowing that they will face no “civil remedy” once they stop acting on behalf of a non-US actor.
FARA clearly gives the Justice Department authority to compel registration even after an individual stops foreign lobbying efforts, according to the government.
Boasberg had relied on an earlier appellate ruling when making his decision.
The Justice Department claimed that Wynn told former President Donald Trump and others in the administration in 2017 that China wanted the US to extradite Guo Wengui, a wealthy exile who was critical of the Chinese government.
In May 2022, the US brought a civil suit against Wynn, the former Wynn Resorts Ltd. chief executive officer, marking the first FARA case by the Justice Department in three decades.
Wynn’s lawyers denied that their client lobbied on China’s behalf.
The case is Attorney General of the United States v. Stephen A. Wynn, No. 22-5328, US Court of Appeals for the District of Columbia Circuit.
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