 A tenth count made a conspiracy charge against Cannon based on the ninth charge.Cannon and Burroughs claimed that each count of the indictment failed to allege an offense under the FCPA, and that the FCPA violated Article II, Section 1 of the United States Constitution

The district court found all 11 counts of the indictment to be imperfect, rendering judgment on the constitutional violation moot.The court of appeals reversed, finding that the ninth count was specific enough to charge Burroughs with conspiracy.