FCPA – Will the Supreme Court Make the Waters Less Muddy?
Specifically, will we get a clear definition of what a “foreign official” is? Also, what an “instrumentality” might be?
Why is this important? Well, consider that right now, under current statutory constructions (to paraphrase the example referenced in the FCPA Professor’s article), a janitor working for a partially state-owned (or otherwise financially supported) enterprise could qualify as a “foreign official.” That should scare you.
The FCPA Professor states that the “Supreme Court, which decides its own docket, has never substantively addressed any FCPA issue” but now that case from the 11th Circuit might make it up to SCOTUS: “Esquenazi and Rodriguez (through their counsel Markus Funk of Perkins Coie and David Simon of Foley & Lardner and others) filed this petition for certiorari in the Supreme Court.”
It’s interesting stuff and well worth reading more here.