FCPA: Regulators’ Expansive “Foreign Official” Definition Under Attack

Morrison & Foerster LLP
Contact

For the last several years, federal regulators have enforced the Foreign Corrupt Practices Act (the “FCPA”) with an unprecedented, aggressive approach. And, for the most part—rather than litigate companies and individuals alike have negotiated resolutions behind closed doors, leaving the regulators’ expansive interpretation of the FCPA unchallenged and untested in the courts. That is, until very recently.

A necessary element to prove a violation of the FCPA is that the intended recipient of the corrupt payment be a “foreign official.” There is little doubt that a person with an official position and corresponding title (i.e. Senator or Minister) fits within the statute. In enforcing the FCPA, however, federal regulators look beyond titles and take a nearly boundless view of who qualifies as a “foreign official.” The statute defines the term “foreign official” as...

Please see full publication 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.

© Morrison & Foerster LLP | Attorney Advertising

Written by:

Morrison & Foerster LLP
Contact
more
less

Morrison & Foerster 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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide