Our focus will be on the trial court’s finding that the Mexican entity CFE was an “instrumentality” as defined under the Foreign Corrupt Practices Act (FCPA). The trial court rejected the defendants’ contention that an “instrumentality” under the FCPA must share all the characteristics of a foreign government department or agency. The trial court further rejected the defendants’ contention that “instrumentality” must be defined as to what consistent with department and agency. The trial court held that since “instrumentality” is a different word; it is logical to assume that it means something other than department or agency.
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