A landmark ruling issued today by the 11th Circuit Court of Appeals upholds the government’s broad definition of “instrumentality” under the Foreign Corrupt Practices Act.
In addressing the case, U.S. v. Esquenazi, the 11th Circuit is the first appellate court—as opposed to a trial court—in FCPA history to tackle squarely the Justice Department’s interpretation of “foreign official” under the FCPA, potentially setting new precedent in all other FCPA cases moving forward.
