In 2016, the U.S. Supreme Court reined in the scope of the federal domestic bribery statute, holding in McDonnell v. United States
that a bribe paid to a public official does not violate the statute unless it was paid in exchange for a narrowly defined “official act.” While it may seem that this decision would restrict the DOJ’s use of the anti-bribery provisions of the FCPA as well, David Bitkower, a partner at Jenner & Block, Nicholas Barnaby, assistant general counsel at General Dynamics Corporation, and Karthik Reddy, an associate at Jenner & Block, argue in this guest article that there are signs – including Panasonic’s recent DPA covering both foreign and domestic books and records issues – that the DOJ is envisioning a shift in the opposite direction: using the FCPA to more aggressively prosecute domestic bribery cases. See “Big Deals? Panasonic and Subsidiary Settle FCPA and Exchange Act Charges for $280 Million
” (May 16, 2018).