Supreme Court Asked to Review Landmark “Foreign Official” Decision

After years of public debate on the topic, the definition of “foreign official” in the FCPA statute may be considered by the Supreme Court of the United States.  Joel Esquenazi and Carlos Rodriguez, sentenced to 15 and 7 years, respectively, for bribing employees of Haiti’s telecommunications company, have petitioned the high court to review the Eleventh Circuit’s decision on the meaning of an “instrumentality” of a foreign government, employees of which are deemed “foreign officials” under the FCPA.  See “What the Eleventh Circuit’s ‘Instrumentality’ Decision Means for FCPA Practitioners” (May 28, 2014).  The Anti-Corruption Report discussed the case with Michael A. Sink, counsel for Joel Esquenazi.

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