International » Appeals Court Sheds Light On “Instrumentality” Under the FCPA

Appeals Court Sheds Light On “Instrumentality” Under the FCPA

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June 11, 2014

For the first time, an appeals court has weighed in on the controversial definition of “instrumentality” under the the Foreign Corrupt Practices Act, according to a client alert from Wilson Sonsini Goodrich & Rosati. The FCPA prohibits bribery of foreign officials, broadly defined, but how broadly? The law says foreign officials include persons working for a government, government agency, or any  “instrumentality thereof.” The Eleventh Circuit Court of Appeals, finding the defendants guilty in United States v. Esquenazi, also laid out a detailed check list for companies to consider when attempting to make the “instrumentality” determination for themselves.

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