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Eleventh Circuit Court of Appeals expands reach of FCPA

FCPA Resource Guide Cover, Nov 2012On May 16, 2014 in its U.S. v. Esquenazi decision, the 11th Circuit Court of Appeals upheld the Department of Justice’s broad definition of a key part of the Foreign Corrupt Practices Act (“FCPA”). At issue was ‘instrumentality’ within the FCPA’s definition of ‘foreign official’ (defined by the statute as ‘any officer or employee of a foreign government or any department, agency, or instrumentality thereof’ ). The 11th Circuit is the first appellate court to rule on this issue and its holding has immediate and broad impact on all U.S. businesses subject to the FCPA. Read more