The FCPA outlaws bribes to 'foreign officials.' It doesn't say anything about the nationality of the 'foreign officials,' or whether they have to be non-U.S. citizens.
Entries in Foreign Official (127)
This is the first post in a series that will provide a broad overview of the U.S. administrative S&D regime, a discussion of recent legislative activity, and information about comparable debarment regimes that may also be triggered by the bribery of foreign government officials.
The main issue on appeal is what is a 'foreign official' under the FCPA. Esquenazi is also arguing that new exculpatory evidence wasn't considered, and that the computation for his 15-year prison sentence wasn't correct.
Without any appellate record to guide them on the issue of 'foreign officials,' should Joel Esquenazi and Carlos Rodriguez have gone to trial? Or should they have plea-bargained for shorter sentences?
Jean Rene Duperval, a Haitian official at the center of the DOJ's sprawling Haiti Telco prosecution, was sentenced Monday to nine years in prison for money laundering.
Trial courts have decided 'foreign official' challenges before. We already looked at the Carson case. This time, it's the Lindsey prosecution -- when another federal judge issued a written ruling on the meaning of 'foreign official.'
In U.S. v. Carson, the defendants submitted a sixty-one page argument on the issue of who's a 'foreign official,' along with a declaration by Mike Koehler about the FCPA's legislative history that stretched to one hundred fifty pages.
Two Haiti Telco defendants convicted by a jury last year of FCPA, wire fraud, and money-laundering offenses have asked a federal appeals court to review the meaning of 'foreign official.'
This week we talked with Brian Kindle at the Association of Certified Financial Crime Specialists. Listen here.
An internal investigation at Massachusetts-based Bruker Corporation found evidence that employees in China and Hong Kong bribed foreign officials.