The elusive definition of a foreign official under the Foreign Corrupt Practices Act may finally get some clarity. Two defendants have brought the issue squarely in front of the 11th Circuit. Their appeals, filed May 9, 2012, mark the first time in the history of the FCPA that an appellate court has been asked to define what constitutes an instrumentality of a foreign government. This article summarizes the background of the case and legal arguments made in the defendants’ briefs, with an emphasis on the arguments surrounding the definition of instrumentality.
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