Why uncertainty remains after FCPA guidance

Author: | Published: 27 Nov 2012

Lawyers have welcomed guidance on the US Foreign Corrupt Practices Act (FCPA) from the Department of Justice (DOJ) and Securities & Exchange Commission (SEC) as a good resource to determine what activities would result in prosecution or declination from US regulators. But uncertainty over which parties qualify as a public officials remains.

The guidance was released on November 14. Previously, companies subject to FCPA enforcement had to sort through a long list of statutory and common law provisions to avoid prosecution.

A case before The US Court of Appeals for the 11th Circuit will help answer that question. In United States v. Joel Esquenazi, a...