News & Analysis as of

Appeals Foreign Official

The Volkov Law Group

Episode 116 -- Alstom Executive Convicted of FCPA and Money Laundering Offenses

The Volkov Law Group on

Lawrence Hoskins, a UK citizen and former Alstom executive, was convicted last Friday on 11 of 12 counts for his role in a bribery scheme involving Indonesian officials. Hoskins conviction took years to secure because of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Second Circuit Declines To Extend McDonnell’s ‘Official Acts’ Standard to FCPA Prosecutions

The U.S. Court of Appeals for the Second Circuit recently held that the heightened “official acts” standard for domestic bribery cases — announced by the U.S. Supreme Court in McDonnell v. United States — is inapplicable to...more

McDermott Will & Emery

Second Circuit Declines to Limit FCPA's Scope

McDermott Will & Emery on

The Second Circuit’s decision in United States v. Ng Lap Seng is a win for the government, because it reinforces the broad reach and scope of the Justice Department’s enforcement of the FCPA. When adopting and implementing an...more

Eversheds Sutherland (US) LLP

The Second Circuit holds “Official Act” not required for FCPA cases 

On August 9, 2019, the US Court of Appeals for the Second Circuit upheld a Chinese real estate developer’s conviction in United States v. Ng Lap Seng. The Court rejected defendant’s attempt to read an “official act”...more

Dorsey & Whitney LLP

Second Circuit: Supreme Court’s McDonald Decision Does Not Delimit FCPA

Dorsey & Whitney LLP on

The bribery provisions of Exchange Act Section 30A are one of the three critical components of the Foreign Corrupt Practices Act. The other two are the books and records and the internal control requirements....more

Foley Hoag LLP

FCPA Liability for Foreign Individuals – the Second Circuit Enforces Some Limits

Foley Hoag LLP on

Introduction - In the recent, long-awaited decision in United States v. Hoskins, the U.S. Court of Appeals for the Second Circuit rejected the expansive interpretation of FCPA jurisdiction over foreign individuals put...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Morrison & Foerster LLP

If I could turn back prosecutorial time...

The case of R v AIL, GH and RH, one of the first the Court of Appeal has considered in 2016, is an interesting one from the perspective of all white-collar crime practitioners. The Court of Appeal had to consider whether it...more

NAVEX

Esquenazi Appeal Confirms the Broad Reach of the Foreign Corrupt Practices Act (FCPA)

NAVEX on

In last month’s closely watched Esquenazi decision, a U.S. court of appeal weighed in on the definition of “instrumentality” under the Foreign Corrupt Practices Act (FCPA) for the first time. The case—an appeal to the 11th...more

Katten Muchin Rosenman LLP

Eleventh Circuit Defines “Instrumentality” Under the FCPA

In a case of first impression for the US Court of Appeals for the Eleventh Circuit, the court interpreted the term “instrumentality” of a foreign government in the Foreign Corrupt Practices Act (FCPA). The court used the...more

Wilson Sonsini Goodrich & Rosati

Federal Court of Appeals Addresses Oft-Debated Definition of "Instrumentality" Under the Foreign Corrupt Practices Act

On May 16, 2014, the Eleventh Circuit Court of Appeals was the first federal appellate court to weigh in on the controversial definition of "instrumentality" under the Foreign Corrupt Practices Act (FCPA). In United States v....more

Ballard Spahr LLP

Who Is a ‘Foreign Official’ under the FCPA? Eleventh Circuit Weighs In

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Providing appellate guidance for the first time, the U.S. Court of Appeals for the Eleventh Circuit interpreted a key term defining the types of “foreign officials” subject to the Foreign Corrupt Practices Act (FCPA) and...more

Morgan Lewis

Federal Appeals Court Defines “Instrumentality” Under FCPA

Morgan Lewis on

Federal appeals court provides a two-step “control” and “function” analysis for determining whether an entity qualifies as an “instrumentality” under the Foreign Corrupt Practices Act. On May 16, the U.S. Court of...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Eleventh Circuit Addresses Scope of FCPA Coverage of Activity Involving State-Controlled Business Enterprises"

On May 16, 2014, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit provided the first appellate court interpretation of the reach of the U.S. Foreign Corrupt Practices Act (FCPA) to conduct involving...more

Dorsey & Whitney LLP

FCPA: The First Circuit Court Decision Defining Instrumentality

Dorsey & Whitney LLP on

The Eleventh Circuit Court of Appeals handed down the first decision on the question of who is a foreign official under the Foreign Corrupt Practices Act. Specifically, the Court considered the question of what is an...more

Carlton Fields

Oral Arguments Heard In Historic "Foreign Official" Challenge

Carlton Fields on

Last Friday in Miami, the 11th Circuit Court of Appeals heard oral argument in U.S. v. Joel Esquenazi & Carlos Rodriguez. The issues on appeal did not just relate to the FCPA’s ”foreign official” element, but as to this...more

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