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