Anti-Corruption Digest


Anti-Corruption Digest is an update distributed on a monthly basis by Dorsey & Whitney providing a summary of the latest developments in anti-corruption enforcement activity around the world.

In This Issue:

- The USA

- The UK

- The Rest of the World

Excerpt from The USA:

Eleventh Circuit Clarifies Meaning of “Instrumentality” -

On May 16, 2014, the Eleventh Circuit Court of Appeals clarified what test to apply in determining whether a person is a “foreign official” within the meaning of the FCPA. The Court’s decision is the first by an Appellate Court to consider the meaning of “instrumentality” under the FCPA, i.e., whether an apparently private commercial entity is an instrumentality of a foreign government. The Court offered a two part test to determine whether the entity is an instrumentality of a foreign government: first, whether the entity is “controlled by the government of a foreign country” and, second, whether the entity “performs a function the controlling government treats as its own.” United States v. Esquenazi, No. 11-15331, at 20 (11th Cir. May 16, 2014). In answering these two questions, the Court provided a list of non-exhaustive factors.

Please see full Newsletter below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dorsey & Whitney LLP | Attorney Advertising

Written by:


Dorsey & Whitney LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.